APHC010390202026 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: 21207/2026 Between: 1. SMT ALLU ARUNA KUMARI, W/O ALLU RAJA RAO, AGED ABOUT 30 YEARS, OCC CONTRACTOR, R/O.1-32, TANDEMVALASA VILLAGE, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT- 532185 ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, AMARAVATHI-522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI-522238 3. THE DIRECTOR AND COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT-522501 4. THE DISTRICT COLLECTOR PR WING, SRIKAKULAM DISTRICT- 532001 5. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA) SRIKAKULAM DISTRICT-532001 6. THE DISTRICT PANCHAYAT RAJ ENGINEERING OFFICER, PANCHAYAT RAJ DEPARTMENT, SRIKAKULAM, SRIKAKULAM DISTRICT-532001 7. THE SUPERINTENDING ENGINEER, PRI DIVISION, SRIKAKULAM, SRIKAKULAM DISTRICT-532001 8. THE EXECUTIVE ENGINEER, PRI SUB DIVISION, TEKKALI, SRIKAKULAM DISTRICT-532201 9. THE DY EXECUTIVE ENGINEER, PRI SUB DIVISION, SRIKAKULAM, SRIKAKULAM DISTRICT-532001 10. THE MANDAL ENGINEERING OFFICER, MANDAL PARISHAD, KAVITI, SRIKAKULAM DISTRICT-532322 11. THE MANDAL PARISHAD DEVELOPMENT OFFICER PROGRAMME COORDINATOR MGNREGS, KAVITI MANDAL, SRK, J W.P.No.21207 of 2026 2 SRIKAKULAM DISTRICT-532322 12. THE RAJAPURAM GRAM PANCHAYAT, REP BY ITS SECRETARY, RAJAPURAM, KAVITI MANDAL, SRIKAKULAM DISTRICT- 532322 ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not releasing the admitted bills amount of Rs. 16,15,195/- (Rupees Sixteen Lakhs Fifteen thousand one hundred and ninety five only) for construction of Grama Sachivalayam Building (GSB) at Rajapuram-1 of Kaviti Mandal of Srikakulam District bearing work ID no,017053608006090057 under MGNREGS grant is illegal, arbitrary and unreasonable and violation of article 14,19 and 21 of Constitution of India, consequently direct the respondents to pay the net Amount of Rs.16,15,195/- (Rupees Sixteen Lakhs Fifteen thousand one hundred and ninety five only) with interest and consequential reliefs 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 1 to 9 Respondents to release the funds an amount of Amount of Rs. 16,15,195/- (Rupees Sixteen Lakhs Fifteen thousand one hundred and ninety five only) into the petitioner account pending disposal of the above writ petition Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.21207 of 2026 3 O R D E R Heard the learned counsel for the Writ Petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, learned Assistant Government Pleader for the Finance and Planning, learned Assistant Government Pleader for Irrigation, 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 the admitted bills amount of Rs.16,15,195/- for construction of Grama Sachivalayam Building (GSB) at Rajapuram-1 of Kaviti Mandal of Srikakulam District bearing word ID No.017053608006090057 under MGNREGS grant, as illegal, arbitrary and unreasonable, and consequently, direct the respondents to pay the net amount of Rs.16,15,195/- with interest and consequential reliefs, and pass such other order or orders …” 3. The petitioner claims to be a Civil Contractor. The petitioner was entrusted with the work of construction of Grama Sachivalayam Building in Rajapalem Panchayat of Kaviti Mandal, Srikakulam District with an estimated amount of Rs.61,80,000/- bearing Work ID No.017053608006090057. The petitioner executed the work accordingly and completed the said work within the stipulated time; that out of the estimated amount of Rs.61,80,000/-, an amount of Rs.46,14,961/- was paid to the petitioner. The respondent SRK, J W.P.No.21207 of 2026 4 authorities inspected the work and passed final bill for a sum of Rs.16,15,195/-. (b) It is the grievance of the petitioner that though she executed the entire work within stipulated time, the respondent authorities kept pending the balance amount of Rs.16,15,195/-. Even though the petitioner approached the respondent authorities on multiple occasions, and also made a representation in the Public Grievance Redressal System, requesting for payment of aforesaid pending 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 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. Today when the matter is taken up for hearing, learned Assistant Government Pleader for the Panchayat Raj and Rural Development Department, on written instructions received from the Executive Engineer, PRI Division, Tekkali-8th respondent, submits that the petitioner executed the work as per the agreement under the Mahatma Gandhi National Rural Employment Guarantee Scheme SRK, J W.P.No.21207 of 2026 5 (MGNREGS). He further submits that balance amount of Rs.16,15,195/- is payable to the petitioner, and as the said sum exceeds total financial sanction, the bill could not be processed, and in order to release the said sum, the estimates have to be revised. Therefore, he seeks time to process the pending balance bill amount. The written instructions are placed on record. 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.21207 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.21207 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.21207 of 2026 8 works executed under „Mahatma Gandhi National Rural Employment Guarantee Scheme‟ only. 10. A perusal of the material on record coupled with the written instructions submitted by the learned Assistant Government Pleader for Panchayat Raj and Rural Development goes to show that there is no dispute with regard to execution of work by the Writ Petitioner under the Mahatma Gandhi National Rural Employment Guarantee Scheme, and also the petitioner‟s entitlement to the balance amount of Rs.16,15,195/- after statutory deductions. Therefore, since the amount payable to the petitioner, is admitted and undisputed, the Writ Petition is maintainable. In M/s. Utkal Highways Engineers and Contractors v. Chief General Manager & Ors.2, it was held as under: (Paragraph No.8) “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.” 2 2025 SCC OnLine SC 1400. SRK, J W.P.No.21207 of 2026 9 11. Having regard to the facts and circumstances of the case coupled with the submission made by the learned Assistant Government Pleader for the Panchayat Raj and Rural Development, the respondent authorities are directed to pay the net amount/ admitted amount of Rs.16,15,195/- (Rupees Sixteen Lakhs Fifteen Thousand One Hundred and Ninety Five only) to the petitioner within a period of Eight (8) weeks from the date of receipt of a copy of this order. 12. 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 14th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓