APHC010390452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 21209/2026 Between: 1. MARELLA VENKATA SUBRAHMANYA PRASADA RAO, S/O M. VENKATARAMULU, AGED 62 YEARS, RIO. D. NO. 14-A, CHINAVARIMADUGU (V), PEDA CHERLOPALLI (M), PRAKASAM DISTRICT, ANDHRA PRADESH - 523111. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT. 522238 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 3. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 520001 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, PEDA CHERLOPALLI (M), PRAKASAM DISTRICT. 523117 5. THE CHINAVARIMADUGU GRAM PANCHAYAT, PEDA CHERLOPALLI MANDAL, PRAKASAM DISTRICT, REPRESENTED BY ITS PANCHAYAT SECRETARY,523117 6. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), ONGOLE, PRAKASAM DISTRICT. 523001 7. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT,, ONGOLE.523001 8. UNION OF INDIA, MINISTRY OF RURAL DEVELOPMENT, NEW DELHI, REPRESENTED BY ITS SECRETARY. 110001 ...RESPONDENT(S): SRK, J W.P.No.21209 of 2026 2 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 toissue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus for declaring the action of the respondents in not releasing the balance amount of Rs.2,68,116/- to the etitioner for supplying material and constructing Gokulam for 20 Animals, pursuant to the direction of the 5th respondent Gram Panchayat, Chinavarimadugu, under the MGNREGS, vide Work Code No. 0208040012 by RC/ 7762D120800011 as illegal, arbitrary, violative of principles of natural justice and unconstitutional and consequently direct the respondents to release the balance final bill amount of Rs.2,68,116/- to the petitioner by re-opening updating the said work code in the NIC MGNREGS Software 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 direct the respondents to release the balance amount of Rs.2,68,116/- to the petitioner for the work executed under Work Code No. 0208040012/RC/77620120800011, pending disposal of the writ petition IA NO: 2 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 permit the petitioner herein to implead the proposed respondent as 9th respondent to the present Writ Petition No. 21209 of 2026 and its Interlocutory Applications to pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. SASANKA BHUVANAGIRI (SC FOR NON SERVICES ZPPS MPPS GP FOR RAYALASEEMA SPSR NELLORE PRAKASAM) 3. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.21209 of 2026 3 O R D E R Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Finance and Planning, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, and the learned Standing Counsel for the 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 balance amount of Rs.2,68,116/- to the petitioner for supplying material and constructing Gokulam for 20 animals, pursuant to the direction of 5th respondent/Gram Panchayat, Chinavarimadugu, under the MGNREGS vide Work Code No.0208040012/RC/77620120800011 as illegal and arbitrary, and consequently, direct the respondents to release the balance final bill amount of Rs.2,68,116/- to the petitioner by reopening/updating the said work code in the NIC MGNREGS Software and pass such other order or orders …” 3. The petitioner claims to be a Civil Contractor. Respondent No.5 sanctioned the work of construction of Gokulam for 20 animals under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) Grant vide work Code No. 0208040012/RC/77620120800011 for an estimated sanction amount of Rs.21.00 lakhs and the said work was entrusted to the petitioner; that as per the directions of the respondent authorities, the petitioner supplied requisite material and executed the above work at the site, SRK, J W.P.No.21209 of 2026 4 and no formal written agreement having been entered into, for the said work. The petitioner executed the work to the satisfaction of respondent authorities and completed the same on 17.12.2018, and the work was duly measured and recorded in Measurement Book; that out of the total amount of Rs.4,41,694/-, an amount of Rs.1,73,578/- was already paid to the petitioner towards first and part bill payments, and an amount of Rs.2,68,116/- is yet to be paid. (b) It is the grievance of the petitioner that though he executed the entire work within time, the respondent authorities kept pending the balance amount of Rs.2,68,116/-. Even though the petitioner approached the respondent authorities on multiple occasions, requesting for payment of aforesaid balance bill amount, they are not paying the said sum. According to petitioner, having executed the work satisfactorily, within the prescribed time, non- payment of the balance 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 balance amount. 4. A perusal of the material on record goes to show that there is no dispute with regard to the fact that the respondent SRK, J W.P.No.21209 of 2026 5 authorities assigned the contract work, as mentioned supra, to the petitioner. Grievance of the petitioner is that though he executed the said contract work within the stipulated time to the satisfaction of the respondent authorities, the respondent authorities are not releasing the balance payment covered under the bill that was submitted by the petitioner for the amount spent by him for executing the work. 5. The issue raised in the present Writ Petition is squarely covered by the Order of this Court in Rayapureddy Srinivasa Rao and others v. Government of Andhra Pradesh, rep. by its Principal Secretary to Government and others and others1 and batch in which the Writ Petitions are allowed with the following directions: (i) The Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.1388361/RD.II/A1/2020, dated 12.05.2021 issued by the Respondent NO.1 are set aside to the extent of deduction of 21.02% for DCC works and 6.333% for MCC works while making payment to the petitioner. (ii) The respondents are directed to clear the bills submitted by the petitioner and to release payment forthwith, in case no payment is made till date. (iii) In case, any part payment is made as on date, the remaining amount shall be paid to the petitioner forthwith. 1 2021 SCC Online AP 3084. SRK, J W.P.No.21209 of 2026 6 (iv) The respondents shall pay interest @ 12% per annum within a period of four (4) weeks from the date of receipt of a copy of this order. (v) The interest shall be compound from the date of expiry of one month from the date of submission of the bill by the petitioner to till the date of final payment. 6. Against the above said order, several Writ Appeals are filed and in one of the Writ Appeals (i.e.) Writ Appeal No.724 of 2021, a Division Bench of this Court has passed an interim Order, dated 18.11.2021 as extracted hereunder: “The direction of the learned Single Judge regarding payment of interest to the respondent No.1 as also setting aside the provision in Memo No.1263069/RD.II/A1/ 2020, dated 05.11.2020 and the Memo No.138861/RD.II/A1/ 2020, dated 12.05.2021 relating to deduction of 21.02% for DCC works and 6.333% for MCC works, while making payment, shall remained stayed. On a query of the Court, learned Advocate General submitted that the direction of the learned Single Judge as far as payment of the principal amount of the bills raised by the original writ petitioner, in terms of the order of the Division Bench in Krishna District Grama Panchayathi Sarpanchla Sangam (supra), shall be made within four weeks, if already not done. The matter be listed for hearing in due course. It is clarified that the appellants shall comply with the rest of the directions issued by the learned Single Judge in the judgment under appeal.” SRK, J W.P.No.21209 of 2026 7 7. Subsequently, a Division Bench of this Court headed by the Hon‟ble the Chief Justice while hearing the Writ Appeal Nos.740 and 741 of 2021, having considered the Order passed in Writ Appeal No.724 of 2021, passed the following Order: “Considering the facts and circumstances of the case and having regard to the interim order passed by the Coordinate Bench, we direct that the said interim order shall apply for the present Writ Appeals also, however, with a condition that the appellants shall pay the principal amount of the bill raised by the original Writ Petitioners, within a period of four weeks, failing which the present interim order shall stand vacated without reference to the bench.” 8. The learned counsel for the petitioner requested the Court to clarify the applicability of the Memo No.1263069/RD.II/A1/ 2020, dated 05.11.2020 and the Memo No.138861/RD.II/A1/2020, dated 12.05.2021. 9. The learned Assistant Government Pleader for Panchayat Raj submitted that the said Memos are issued for the works executed under „Mahatma Gandhi National Rural Employment Guarantee Scheme‟. Therefore, it is made clear that the Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.1388361/RD.II/A1/2020, dated 12.05.2021 are applicable to the SRK, J W.P.No.21209 of 2026 8 works executed under „Mahatma Gandhi National Rural Employment Guarantee Scheme‟ only. 10. A perusal of the material on record goes to show that in spite of granting number of adjournments, the respondent authorities neither secured written instructions nor filed counter- affidavits. It is the specific case of petitioner that the respondent authorities entrusted the subject work to him, and accordingly, he executed the same within the stipulated time, and though, part of the amount in respect of the subject work was paid to the petitioner, the respondent authorities kept pending the balance amount due under the bill. Therefore, the respondent authorities are directed to verify and pay the balance admitted amount for the work executed by the petitioner within a period of eight (08) weeks from the date of receipt of the order. It is made clear that the petitioner shall execute an indemnity bond to the effect that in case, if it is found that the petitioner has not executed the work, he would repay the amount so paid. 11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. SRK, J W.P.No.21209 of 2026 9 As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 14th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓