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2026 DAILYLAW 3385 (AP)

T NARASIMHA RAO v. THE STATE OF ANDHRA PRADESH

WP/10041/2026 · 2026-06-22

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : -------------- Date of pronouncement : 23.06.2026 Date of uploading : 29.06.2026 APHC010179472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 10041/2026 Between: 1. T NARASIMHA RAO, S/O. SUBBAIAH, AGED 73 YEARS, OCC BUSINESS, R/O. D.NO.20-5-2 NARASIMHANAGAR, MACHILIPATNAM, NTR DISTRICT (KRISHNA DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENTOFANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE DIRECTOR, MGNREGS, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 2 SRK, J WP. No.10041 of 2026 5. THE DISTRICT COLLECTOR PANCHAYAT WING, NTR DISTRICT (KRISHNA DISTRICT). 6. THE EXECUTIVE ENGINEER, PRI DIVISION, MACHILIPATNAM, NTR DISTRICT (KRISHNA DISTRICT). 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, CHALLAPALLI MANDAL, NTR DISTRICT (KRISHNA DISTRICT). 8. MAJERU GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, MAJERU, CHALLAPALLI MANDAL, NTR DISTRICT (KRISHNA 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 to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus for declaring the inaction of the respondents in releasing the withheld amounts vide Rs.42,722/-, Rs.38,214/-, Rs.46,886/-, Rs.34,650/- , Rs.41,028/-, Rs.63,894/-, Rs.60,452/-, Rs.56,432/-, Rs.78,666/-, Rs.2iT046/- , Rs.28,636/- and Rs.24,244/- totalling Rs.5,36,870/- towards security deposit for Social Audit and Quality Control in respect of 12 works i.e., construction ofCC Roads at Majeru Village, Challapalli Mandal under MGNREGS executed by the petitioner underwork ID NoS. 067043211012080 004, 067043211012080006, 067043211012080007, 0670 43211012080009 , 067043211012080010, 067043211012080012, 067043211012080014, 06704 3211012080017, 067043211012080018, 067043211012080019, 0670432110 12080020 and 067043211012080030 as illegal, arbitrary, violative of principles of natural justice and unconstitutional and consequently direct the respondents to release the total withheld amount of Rs.5,36,870/- towards security deposit for Social Audit and Quality Control along with interest to the petitioner and to pass IA NO: 1 OF 2026 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 withheld amounts vide Rs.42,722/-, Rs.38,214/-, Rs.46.886/-. Rs.34,650/-, Rs.41,028/-, Rs.63,894/-, Rs.60,452/-, Rs.56,432/-, Rs.78.666/-, Rs.21,046/-, Rs.28,636/- and Rs.24,244/- totalling Rs.5,36,870/- towards security deposit for Social Audit and Quality Control in 3 SRK, J WP. No.10041 of 2026 respect of 12 works i.e., construction of CC Roads at Majeru Village, Challapalli Mandal under MGNREGS executed by the petitioner along with interest to the petitioner forthwith, pending disposal of the writ petition, and to pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 SRK, J WP. No.10041 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus for declaring the inaction of the respondents in releasing the withheld amounts vide Rs.42,722/-, Rs.38,214/-, Rs.46,886/-, Rs.34,650/-, Rs.41,028/-, Rs.63,894/-, Rs.60,452/-, Rs.56,432/-, Rs.78,666/-, Rs.21,046/-, Rs.28,636/- and Rs.24,244/- totalling Rs.5,36,870/- towards security deposit for Social Audit and Quality Control in respect of 12 works i.e., construction of CC Roads at Majeru Village, Challapalli Mandal under MGNREGS executed by the petitioner under work ID Nos. 067043211012080004,067043211012080006,0670432110120800 07,067043211012080009,067043211012080010,06704321101208 0012,067043211012080014,067043211012080017,067043211012 080018, 067043211012080019, 067043211012080020 and 067043211012080030 as illegal, arbitrary, violative of principles of natural justice and unconstitutional and consequently direct the respondents to release the total withheld amount of Rs.5,36,870/- towards security deposit for Social Audit and Quality Control along with interest to the petitioner and to pass such other order…” 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for Gram Panchayat. 3. The petitioner, a registered contractor, executed 12 MGNREGS works relating to construction of CC Roads at Majeru Village, Challapalli Mandal, NTR District, to the satisfaction of the authorities. The works were duly measured and recorded in M. Book No.805-A on 23.11.2021, confirming their completion. Security deposit amounts aggregating to Rs.5,36,870/- were withheld from the petitioner's bills towards Social Audit and Quality Control. Upon completion of the works, the 6th respondent, by letter dated 03.03.2025, recommended release of the withheld amounts to the 7th respondent in terms 5 SRK, J WP. No.10041 of 2026 of the Circular Memo dated 23.12.2021 issued by the Commissioner, PR & RD. Despite such recommendation, the 7th respondent has neither uploaded the bills pertaining to all 12 Work IDs in the NIC software nor released the withheld amount of Rs.5,36,870/-. The petitioner contends that, under Section 17 of the MGNREG Act, 2005, the amounts withheld towards Social Audit and Quality Control are liable to be released upon completion of the audit process and certification of the works. As there is no dispute with regard to the execution of the works or the amount payable, the petitioner, being aggrieved by the non-release of the said security deposit amount, has filed the present Writ Petition. 5. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions received from the Executive Engineer, PRI Division, Machilipatnam, the 6th respondent herein, submits that there is no dispute with regard to the execution of the works. She further submits that the final bill amounts have already been paid to the petitioner by the 6th respondent and that the petitioner is entitled to a sum of Rs.5,36,870/- towards the 5% QC and Social Audit deposit amounts in respect of 12 works. According to her, proposals for release of the requisite grant have already been submitted to the competent authorities for payment of the said amount to the petitioner. The written instructions are taken on record. 6. Having regard to the fact that there is no dispute with regard to the works executed by the petitioner or the amount payable to him, and in view of the submissions made by the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the respondent authorities are directed to release and pay the security deposit amount of Rs.5,36,870/- to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. 6 SRK, J WP. No.10041 of 2026 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 23.06.2026. MS Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 7 SRK, J WP. No.10041 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:10041 of 2026 Date: 23.06.2026 MS