APHC010359402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19471/2026 Between: 1. YALLA VENKATESWARA RAO, S/O KASI VISWESWARA RAO, AGED ABOUT 57 YEARS, R/O D NO.11-93, NAGARAJU PETA, PAIAKOL MANDAL, - WEST GODAVARI DISTRICT- 534260. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, PANCHAYAT RAJ ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238. 3. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) BHIMAVARAM, WEST GODAVARI DISTRICT - 534201. 4. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT, PRI DIVISION, NARASAPUR, WEST GODAVARI DISTRICT - 534201. 5. THE DIRECTOR, M.G.N.R.E.G SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRUSHI BHAVAN, NEW DELHI. 6. THE MANDAL DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, PALAKOL, WEST GODAVARI DISTRICT-534260 7. THE KARUGORUMILLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, ACHANTA MANDAL, WEST GODAVARI DISTRICT-534123 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High SRK, J W.P.No.19471 of 2026 2 Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the total pending Amount of Rs.2,43,282/- 1) Rs. 20,725/- (Rs.11,250/- (EMD) Rs. 9,075/-(FSD)) vide M.Book.No. 104/A/MPDO/2022-23 for the work of Completion of Incomplete Grama Sachivalayam Building at Kothapeta (V) Palakofu Mandal, 2) Rs. 16,037/- (Rs.8,750/- (EMD) Rs. 7,287/-(FSD)) Vide M.Book.No.103/A/MPDO/2022- 23 for the work of Completion of Incomplete RBK Building at Kothapeta (V) Palakollu Mandal 3) Rs.1,83,312/- Vide M.Book.No. 1668/B/MGNREGS/2020-2021 for the work of Construction of Grama Sachivalayam at LankalaKoderu-II of Palakole Mandal, 4) Rs.22,000/- (Rs.6,250/- (EMD) Rs. 16,958/- (withheld)) vide M.Book.No. 138GB/MGNREGS/2016-17 for the wok of Construction of Approach Road to SC Areas Muthualavaripalem of Karugurumilli village, for the works done under MGNREGS Grant in Panchayat Raj Department, even after completion of defect liability period, refund payable to the petitioner in relation, as the same is illegal, arbitrary, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to pay the total amount of Rs. 2,43,282/- and 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 leased to direct the respondents to release the refund of 1% & 1.5% of Earnest Money Deposit (EMD) and FSD and Bill amounts as total pending Amount of Rs. 2,43,282/- pending disposal of the 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 The Court made the following: SRK, J W.P.No.19471 of 2026 3 O R D E R Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, learned Assistant Government Pleader for the Finance, learned Assistant Government Pleader for Union of India/Central Government, and the learned Standing Counsel for Gram Panchayat. 2. 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 action of the respondents in not releasing the total pending amount of Rs.2,43,282/- (1) Rs.20,725/- [Rs.11,250/- (EMD) & Rs.9,075/- (FSD)] vide M.Book No.104/A/MPDO/2022-23 for the work of completion of incomplete Grama Sachivalayam Building at Kothapeta (V), Palakollu Mandal, (2) Rs.16,037/- [Rs.8,750/- (EMD) & Rs.7,287/- (FSD)] vide M.Book No.103/A/MPDO/2022-23 for the work of completion of incomplete RBK Building at Kothapeta (V) Palakollu Mandal & (3) Rs.1,83,312/- vide M.Book No.1668/B/MGNREGS/2020-2021 for the work of construction of Grama Sachivalayam at Lankala Koderu-II of Palakole Mandal, (4) Rs.22,000/- [Rs.6,250/- (EMD) & Rs.16,958/- (withheld) vide M.Book No.138GB/MGNREGS/2016-17 for the work of construction of Approach Road to SC Areas Muthualavaripalem of Karugurumilli Village, for the works done under MGNREGS Grant in Panchayat Raj Department, even after completion of defect liability period, refund payable to the petitioner in relation, as the same is illegal and arbitrary, and consequently, direct the respondents to pay the total amount of Rs.2,43,282/- and pass such other order or orders …” SRK, J W.P.No.19471 of 2026 4 3. The Writ Petitioner claims to be a Civil Contractor. The respondent No.5 awarded four (04) works i.e. (1) completion of incomplete Grama Sachivalayam Building at Kothapeta (V) Palakollu Mandal; (2) completion of incomplete RBK Building at Kothapeta (V), Palakollu Mandal; (3) construction of Grama Sachivalayam at Lankala Koderu-II of Palakollu Mandal, and (4) construction of Approach Road to SC Areas Muthualavaripalem of Karugurumilli Village to the petitioner, and entered into agreement accordingly. The petitioner executed the said works and completed the same within the prescribed time. The respondent No.4 authority inspected the works, entered the same in the M-Book and released the amounts, except the Earnest Money Deposit (EMD) and FSD amounts. (b) It is the grievance of the petitioner that, he executed the works within the stipulated time, and the respondent authorities released the amounts for the work done by the petitioner, but the security amount for a sum of Rs.2,43,282/- deposited by him, was not refunded even after completion of defect liability period. Though the petitioner approached the respondent authorities on multiple occasions, and requested for refund of Earnest Money Deposit (EMD), FSD & ASD amounts, they are not paying the said sum. It was further contended that the delay in payment of the said sum, is SRK, J W.P.No.19471 of 2026 5 causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. 4. Today when the matter is taken up for hearing, learned Standing Counsel for Gram Panchayat, on written instructions, received from the Mandal Parishad Development Officer, Mandal Praja Parishad, Palakole-6th respondent, submits that for the works executed by the petitioner, the EMD & FSD amount of Rs.36,762/- was paid to the petitioner through cheque bearing No.070020, dated 20.07.2026 and there is no payment pending to the petitioner. The written instructions are placed on record. 5. Learned Assistant Government Pleader for the Panchayat Raj and Rural Development Department, on written instructions received from the Executive Engineer, PRI Division, Narsapur, West Godavari District-4th respondent, submits that the Writ Petitioner executed the works. He further submits that the petitioner was sanctioned works under MGNREGS, matching with SDF & CRR SCC grants and the works were completed. Work Nos.1 and 2 belong to the Mandal Praja Parishad, Palakole. He further submits that the work Nos.3 and 4 belong to the Executive Engineer, PRI Division, Narsapuram under MGNREGS. In respect of 3rd work, final payment SRK, J W.P.No.19471 of 2026 6 was made and withheld the amount of Rs.1,83,312/- payable to the petitioner, for which the bill was forwarded to the Mandal Praja Parishad Development Officer and Programme Officer, MGNREGS on 06.05.2026 and the same is pending with the Programme Officer, MGNREGS Palakole. He further submits that in respect of 4th work, an amount of Rs.16,958/- was paid to the petitioner. The written instructions are placed on record. 6. Having regard to the facts and circumstances of the case coupled with the submissions made by the learned Assistant Government Pleader for the Panchayat Raj and Rural Development, and the learned Standing Counsel for Gram Panchayat, the respondent Nos.1, 3 and 4 are directed to follow up the bill pertaining to withheld amount in respect of 3rd work, for a sum of Rs.1,83,312/- payable to the petitioner, which was forwarded to the Mandal Praja Parishad Development Officer and Programme Officer, MGNREGS on 06.05.2026 and which is pending with the Programme Officer, MGNREGS Palakole and directed to pay the admitted amount of Rs.1,83,312/- (Rupees One Lakh Eighty Three Thousand Three Hundred and Twelve only) to the petitioner within a period of Six (6) weeks from the date of receipt of a copy of this order. SRK, J W.P.No.19471 of 2026 7 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 7th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓