APHC010537172023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27985/2023 Between: 1. RAVURI DILIP CHAKRAVARTHI, S/O. RAVURI DHANUNJAYAYUDU, AGE ABOUT 30 YEARS, R/O. H.NO. 1-149-B, RAMA KRISHNAPURAM, JALADURGAM, KURNOOL DISTRICT, AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P.SECRETAIRAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT,AP 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT A.P.SECRETAIRAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT,AP 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT OFFICE AT NAKKAL ROAD, SURYARAOPETA VIJAYAWADA, KRISHNA DISTRICT, AP 4. THE DISTRICT COLLECTOR, KURNOOL DISTRICT,KURNOOL ANDHRA PRADESH. 5. THE DISTRICT PANCHAYAT OFFICER, KURNOOL DISTRICT, KURNOOL, AP 6. THE DISTRICT PROGRAMME COORDINATOR, MGNREGS SCHEME, KURNOOL DISTRICT, KURNOOL, AP 2 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PEAPULLY MANDAL, KURNOOL DISTRICT,AP 8. THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT PEAPULLY , KURNOOL DISTRICT,AP 9. THE JALADURGAM GRAMPANCHAYAT, JALADURGAM VILLAGE, PEAPULLY MANDAL, KURNOOL DISTRICT, AP REP.BY ITS SECRETARY 10. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ INSTITUTION (PR), KURNOOL, KURNOOL DISTRICT, AP. 11. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ INSTITUTION (PR), KURNOOL, KURNOOL DISTRICT, AP. RR 10 AND 11 ARE IMPLEADED AS PER THE COURT'S ORDER DT.06.01.2026 IN I.A.NO.01 OF 2025 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the inaction on the part of the respondents herein in not releasing the withheld amount of Rs.2,89,364/- for the work of Execution and Completion of formation of the Road up to WBM Gr-II surface including CD Works from Ramakrishnapuram to Gollapalli Bugga of Peapully Mandal, Kurnool District, Andhra Pradesh under the Grant of Mahathma Gandhi National Rural Employment Guarantee Scheme as illegal, arbitrary and violation of Art.14, 16 and 21 of the Constitution of India and consequently direct the respondents to pay the withheld amount of Rs.2,89, 364/ - with interest forthwith to the petitioner and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release and pay the withheld amount of Rs. 2,89,364/- for the works done by the petitioner under Mahatma Gandhi National Rural Employment Scheme with interest pending disposal of the above writ petition and pass IA NO: 1 OF 2025 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit the petitioner to implead the proposed respondents 10 and 11 as party respondents 10 and 11 in W.P.No.27985/2023 as well as interlocutory application and pass Counsel for the Petitioner: 1. RAJA DAMOJI RAO Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR FINANCE PLANNING 3. GP FOR REVENUE 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order: Heard Sri Raja Damohi Rao, learned counsel for the petitioner, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 3, 5 and 8, Ms. Usha, learned Assistant Government Pleader for Revenue for the 4th respondent and Sri M.Sudhir, learned Standing counsel for the respondents 7 and 9. 2. The above writ petition was filed to declare the action of the respondents in withholding the balance amount of Rs.2,89,364/- in relation to the work executed by the petitioner i.e., Formation of Road up to WBM Grade- II surface including CD works from Ramakrishnapuram to Gollapalli Bugga of 4 Peapully Mandal, Kurnool District, under the grant of MGNREGS Scheme, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Project Director, DWMA, Kurnool dated 21.02.2026. 4. As seen from the instructions, balance amount claimed by the petitioner is Rs.2,89,364/-. An amount of Rs.1,44,682/- was already paid to the petitioner. After QC recovery of Rs.1,44,682/-, the balance amount payable to the petitioner comes to Rs.1,44,682/-. 5. In reply, Sri Raja Damoji Rao, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.1,44,682/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of Rs.1,44,682/- payable to the petitioner. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors1, it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the 1 2025 SCC online SC 1400 5 part of respondents and for claiming the same, a writ petition may lie. Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 7. Given the submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.1,44,682/- (Rupees One Lakh Forty Four Thousand Six Hundred and Eighty Two only) payable to the petitioner regarding execution of the aforementioned work, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.02.2026 SNI 6 275 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27985 of 2023 Date: 24.02.2026 SNI