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2026 DAILYLAW 5177 (AP)

Tungala Musalaiah v. The State of Andhra Pradesh,

WP/32705/2022 · 2026-07-07

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : - - - Date of pronouncement : 08.07.2026 Date of uploading : 15.07.2026 APHC010528732022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 32705/2022 Between: 1. TUNGALA MUSALAIAH, S/O. RAMA RAO, HINDU, AGED ABOUT 52 YEARS, R/O.SRIKAKULAM, GHANTASALA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PANCHAYAT WING, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. 4. THE SRIKAKULAM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, SRIKAKULAM, GHANTASALA MANDAL, 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the 4th respondent in non-payment of the amounts relating to the works done under MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) as arbitrary, illegal, capricious and violative of Article 14 of the Constitution of India and consequently direct the Respondent No. 4 to pay an amount Rs.11,32,685-00 towards Grama Sachivalayam and an amount of Rs. 6,48,289-00 SRK, J W.P.No.32705 of 2023 2 towards Rythu Bharosa Kendram, the total an amount of Rs. 17,80,974-00 was credited to the 4th respondent due under MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) works to the petitioner and pass IA NO: 1 OF 2022 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 4th Respondent to pay the amounts which was credited Rs.6,48,289-00 towards Rythu Bharosa Kendram, the total an amount of Rs.17,80,974-00 was credited to the 4th respondent due under MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) works as per the records, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KIRAN TIRUMALASETTI Counsel for the Respondent(S): 1. KIRAN TIRUMALASETTI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: SRK, J W.P.No.32705 of 2023 3 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of 4th respondent in non-payment of the amounts relating to the works done under MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme) as arbitrary, illegal, capricious and violative of Article 14 of the Constitution of India, and consequently direct the respondent No.4 to pay an amount of Rs.11,32,685/- towards Grama Sachivalayam, and amount of Rs.6,48,289/- towards Rythu Bharosa Kendram, totaling an amount of Rs.17,80,974/- to the credit of petitioner due under the MGNREGS works, and pass such other order or orders …” 2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development representing respondent Nos.1 to 3, and learned Standing Counsel for Gram Panchayat, representing respondent No.4. 3. The Writ Petitioner claims to be a Civil Contractor. The respondent No.4 awarded the work of constructing Rythu Bharosa Kendram and Grama Sachivalayam in Srikakulam Village of Ghantasala Mandal, Krishna District under the Mahatma Gandhi National Rural Employment Guarantee Scheme to the Writ Petitioner. While the construction work was going on, one Kodali Santhi Raju, resident of Srikakulam village filed Writ Petition No.21851 of 2021 questioning the construction of Rythu Bharosa Kendram and Gram SRK, J W.P.No.32705 of 2023 4 Sachivalayam in the school premises. This Court vide Order dated 29.09.2021 ordered to maintain status quo in all aspects, pending further orders. By virtue of the Order dated 29.09.2021, the construction work was stopped. The Writ Petitioner submitted all the bills to 4th respondent and those bills were passed and credited to the account of 4th respondent. The Writ Petitioner executed the work and construction of the buildings was completed up to slab level. Though the Writ Petitioner requested the respondent No.4 to release the amount, for the reason that the matter is pending before this Court, R4 kept the bill amount pending. Even though the Writ Petitioner approached the respondent No.4 on multiple occasions, requesting for payment of pending bill amount of Rs.17,80,947/-, they are not doing so. According to Writ Petitioner, having executed the work satisfactorily, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. 4. When the matter is taken up for hearing, learned Standing Counsel for Gram Panchayat, representing respondent No.4, concedes with the submission of learned counsel for Writ Petitioner with regard to SRK, J W.P.No.32705 of 2023 5 awarding the work to the Writ Petitioner under the Mahatma Gandhi National Rural Employment Guarantee Scheme. Learned Standing Counsel further concedes that by virtue of status quo Order dated 29.09.2021 passed by this Court in Writ Petition No.21851 of 2021, the works awarded to the Writ Petitioner, were stopped. Learned Standing Counsel submits that the construction of buildings was completed up to slab level, and the bills for an amount of Rs.17,80,974/- submitted by the Writ Petitioner for the works done by him, was credited to the account of 4th respondent Gram Panchayat. According to learned Standing Counsel, since the construction work is not yet completed due to the status quo order passed in Writ Petition No.21851 of 2021, dated 29.09.2021, the amount was not released to the Writ Petitioner. 5. A perusal of the material on record goes to show that one Kodali Santhi Raju filed Writ Petition No.21851 of 2021 questioning the construction of Rythu Bharosa Kendram and Grama Sachivalayam in the school premises and by virtue of an Order dated 29.09.2021, status quo Order was passed by this Court in the said Writ Petition. As per the contention of learned counsel for Writ Petitioner, the construction work entrusted to the Writ Petition was completed up to slab level and by virtue of the Order dated 29.09.2021, the construction work was SRK, J W.P.No.32705 of 2023 6 stalled, and all the bills, completed up to the stage of slab level, were credited to the account of 4th respondent-Gram Panchayat. 6. Therefore, having regard to the fact that there is no dispute with regard to the works executed by the Writ Petitioner and the amount payable to him, and in view of the submissions of the learned Standing Counsel for Gram Panchayat, the respondent No.4-Gram Panchayat authorities are directed to pay an amount of Rs.17,80,974/- (Rupees Seventeen Lakhs Eighty Thousand Nine Hundred and Seventy Four Only) to the Writ Petitioner within a period of Six (06) weeks from the date of receipt of a copy of this order. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 8th July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓