APHC010668892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34765/2025 Between: 1. GOGINENI ESWARA KUMAR, S/O.VENKATA SUBBA RAO R/O.D.NO.2-67, BHUSHANGALLA (RURAL), PEDAPARAPUDI MANDAL, KRISHNA DIST.-521263. ...PETITIONER AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, MACHILIPATNAM. ...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 WRIT OF MANDAMUS declaring the respondents more 2 particularly 1st respondent in non-compliance of pending due MGNREGS Convergence Funds of Rs.2,07,860.9/- in connection with Work IDS No.067044006005080006 vide M.Book No.1367B/2016-17 pursuant to the Mahatma Gandhi National Rural Employment Scheme (MGNREGS) grants towards providing CC road from Marripudi Ramaswami House to Kollareddy Hymavathi house in Maheswarapuram Village of Pedaparupudi Mandal under MGNREGS in Convergence with SDF funds transfer orders in the year 2018 and keeping bills pending for more than three (03) years even after issuance of Quality Control Certificates from Vigilance and Quality Control Teams as illegal, arbitrary, violation of principles of natural justice contrary to the Rules and Regulations of the National Rural Employment Guarantee Act, 2005 as contrary to the Settled principles of natural justice and further, offends Article14, 19 of Indian Constitution and consequently direct the respondents to comply with the above Measurement Books Fund Transfer Orders by paying amounts along with interests at 18per to the petitioner and to pass IA NO: 1 OF 2025 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 the admitted amounts forthwith in connection with Work ID’s No.067044006005080006 vide M.Book No.1367B/2016-17 pursuant to the Mahatma Gandhi National Rural Employment Scheme (MGNREGS) grants towards providing CC road from Marripudi Ramaswami House to Kollareddy Hymavathi house in Maheswarapuram Village of Pedaparupudi Mandal under MGNREGS in Convergence with SDF funds and pass Counsel for the Petitioner: 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: Heard Sri V.N.V.Surya Datta, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj 3 and Rural Development, Finance and Planning, appeared for the respondents 1 to 4. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.2,07,860/-, payable to the petitioner in relation to the work i.e., providing CC Road from Marripudi Rama Swami House to Kollareddy Hymavathi House in Maheswarapuram Village of Pedaparupudi Mandal. The Quality Control team inspected on 19.02.2018 and submitted a report on 22.02.2018. Despite the completion of the work, the amount was not released to the petitioner. 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of Executive Engineer, PRI Division, Machilipatnam -4th respondent dated 22.01.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.2,01,476/-. 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 work and the petitioner’s entitlement for Rs.2,01,476/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. 4 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 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 instructions furnished by respondent No.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.2,01,476/- (Rupees Two Lakhs One Thousand Four Hundred and Seventy Six 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: 23.01.2026 SNI 1 2025 SCC online SC 1400 5 309 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34765 OF 2025 Date: 23.01.2026 SNI