APHC010594312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31049/2024 Between: 1. DEVALLA VENKATESWARLU, S/O. DEVALLA MALLAIAH, AGED ABOUT 62 YEARS, R/O. D.NO.8-376, LAKSHMI TALKIES CENTRE, MADUGULA ROAD, 2ND CROSS ROAD, GURAZALA, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE NH 16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, PALNADU DISTRICT. Page 2 of 6 SRS,J W.P.No.31049 of 2024 5. THE EXECUTIVE ENGINEER, PRI DIVISION, PALNADUDISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. SUB-DIVISION, PEDAKURAPADU, AMARAVATHI, PALNADU DISTRICT. 7. THE MANNESULTHANPALEM GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY CUM PANCHAYAT SECRETARY, MANNESULTHANPALEM VILLAGE, BELLAMKONDA MANDAL, PALNADU DISTRICT. 8. THE SARPANCH, MANNESULTAHANPALEM VILLAGE, BELLAMKONDA MANDAL, PALNADU DISTRICT. 9. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RURAL DEVELOPMENT DEPARTMENT, NEW DELHI. 10. THE DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME. MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW DELHI. 11. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY DWMA PROJECT, PALNADU DISTRICT. 12. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MPDO, BELLAMKONDA MANDAL, PALNADU DISTRICT. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not releasing the total final bill amount worth of total bill amount worth of Rs.9,42,594/- in respect of SDF and MGNREGS Grant work on 1) Rs. 6,22,594/- for Improvements to Hindu Burrial Ground in Mannesultanpalem (V) in Respect of M.Book No. 548/B/PRI/2016-2017 with ID.No. 077040606008080008 and 2) Rs.3,20,000/- for providing internal CC roads in Auvalvaripalem Village, in Respect of M. Book No.621/B/PRI/2017- p. 3 SRS,J W.P.No.31049 of 2024 2018 with ID.No. 077040803001080015 of completion of SDF and MGNREGS Grant and consequently direct respondent to release an amount of Rs.9,42,594/-,to the petitioner and pay along with interest forthwith under the grant of SDF Grant and pass IA NO: 1 OF 2024 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 pleased to direct the respondents to release the total final bill amount worth of Rs.9,42,594/- to the petitioner and pay along with interest forthwith under the grant of SDF Grant pending disposal of the above writ petition pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER :: Heard Sri Annamneedi Bala Krishna, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 6 and Sri M.Sudhir, learned Standing Counsel for respondents 7, 8 & 12. Page 4 of 6 SRS,J W.P.No.31049 of 2024 2. The above writ petition was filed to declare the action of the respondents in withholding the bill amount of Rs.9,42,594/- (Rs.6,22,594/- + Rs.3,20,000/-) for the works executed by the petitioner i.e., i) Providing internal CC roads in Auvalvaripalem Village and ii) Improvements to Hindu Burrial Ground in Mannesultanpalem, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of Executive Engineer (FAC), PRI Division, Narsaraopet. 4. A perusal of the said instructions would disclose that petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.1,89,673/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.1,89,673/-. 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: p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.31049 of 2024 “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 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.”. 6. Given the instructions furnished by the Executive Engineer (FAC), PRI Division, Narasaraopet, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,89,673/- (Rupees One Lakh Eighty Nine Thousand Six Hundred and Seventy Three only) payable to the petitioner regarding execution of the aforementioned works, within two (02) 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: 02.02.2026 JLV p. 6 SRS,J W.P.No.31049 of 2024 157 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31049 of 2024 Date: 02.02.2026 JLV