APHC010406382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20730/2024 Between:

1. B EDISI RAMAKRISHNA,, S/O. BEDISI VENKATESWARARAO, AGED ABOUT 64 YEARS R/O. 2-1-35, MERAKA VEEDI, ATCHUTAPURAM VILLAGE, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SPECIAL SECRETARY, A.P. STATE HOUSING DEPARTMENT, PLOT NO 11 AND 12 BEHIND BSNL TELEPHONE EXCHANGE.

AUTO NAGAR, VIJAYAWADA, ANDHRA PRADESH.

2. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

3. T HE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, D. NO. 12-47, PVS ICON, PATHURU CROSS ROAD, TADEPALLI, AMARAVATHI, ANDHRA PRADESH.

4. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

5. T HE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT.

6. T HE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, YTC BUILDING, NEAR RAJAHMUNDRY RURAL, MRO OFFICE, BOMMURU, EAST GODAVARI DISTRICT.

7. T HE ADDITIONAL PROGRAMME OFFICER, MGNREGS, GOKAVARAM MANDAL EAST GODAVARI DISTRICT.

8. T HE MANDAL PARISHAD DEVELOPMENT OFFICER, MGNREGS A.P.E.G.DT GOKAVARAM MANDAL, EAST GODAVARI 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents herein not releasing the total bills amount worth of Rs.5,25,542/- (Rupees Five lakhs twenty five thousand five hundred and forty two only) with interest @ 12percent p.a., as per the Judgment of this Hon'ble Court In W.P. No. 19525/2021 (W.P. No. 10038/2021 and Batch) dated 05.10.2021 under grant of MGNREGS to the petitioner till today after execution of three works and causing heavy loss with Interest even though the works were completed within time as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents to release and pay the total bills amount worth of Rs.5,25,542/- (Rupees Five lakhs twenty five thousand five hundred and forty two only) with Interest under grant of MGNREGS forthwith to the petitioner and pass IA NO: 1 OF 2024 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 and pay the total bills amount worth of Rs.5,25,542/- (Rupees Five lakhs twenty five thousand five hundred and forty two only) with Interest under grant of MGNREGS forthwith to the petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE 3. GP FOR HOUSING

4. GP FOR FINANCE PLANNING The Court made the following:

::ORDER ::

Heard Sri Srinivasa Rao Narra, learned counsel for the petitioner, Sri P.

Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 4, Ms. Usha, learned Assistant Government Pleader for Revenue for the

5^th respondent and learned Standing counsel for the 6^th respondent.

2. The above writ petition was filed to declare the action of the respondents in not releasing amount of Rs.5,25,542/- in relation to the work executed by the petitioner i.e., Development of Housing Colony Rampayerrapalem, Gedelapalme and Tirumalayapalem GPs of Gokavaram Mandal, as illegal and arbitrary.

3. Today, when the matter is taken up for consideration, the learn