APHC010280352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 13970/2024 Between:

Tirumala Reddy Gourisankara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA) 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra

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

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

"…..to issue a writ order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of Respondents to release and pay the pending work order bills of Rs.4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.No.017630531042150005 vide FTR/FTO No.8016321000105 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPHS (High School) at Devaravalasa Village, G.Singadam Mandal, Mandal Srikakulam district is illegal, arbitrary and violation of the Art.14 and 21 of the Constitution of India and also violation of the principles of natural Justice and consequently direct the Respondents to release and pay the pending work order bills of Rs.4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.No.017630531042150005 vide FTR/FTO No.8016321000105 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPHS (High School) at Devaravalasa Village, G.Sigadam Mandal, Srikakulam district with nominal interest and pass such other order or orders….."

2. The case of the petitioner is that he has executed the work, but however, the respondents have not paid the amount due to the petitioner for the work done by him, despite several requests made orally and by way of representation. Hence, the present Writ Petition is filed.

3. The 6^th respondent-Executive Engineer, A.P.Samagra Shiksha, Srikakulam, has addressed proceedings to the Standing Counsel for Samagra Shiksha, which transpires that the Executive Engineer has addressed a letter to the Commissioner, Panchayat Raj & Rural Development, with a request to release the payment to the concerned contractor for the work executed duly apprising the fault made while generating the FTO towards making first and part bill and also submitted the rectified and actual account number of the beneficiary and humbly requested to release the payment, but still now not rectified and again another letter was addressed duly requesting to enable them to process the payment to the said work at DCC Level, but still now not rectified and hence, the issue is pending at Department of Panchayat Raj &

Rural Development, Andhra Pradesh.

4. The said proceedings indicates that fund transfer order has been generated in DCC login of MGNREGS, vide FTR/FTO No.8016321000105, Voucher No.000105 dated 29.09.2021 for Rs.4,59,618/- as per the recordings made in M.Book No.1268-B for making payment to the concerned contractor.

5. The said payment was not done to the concerned contractor as one of the digits of the beneficiary’s account number is not furnished while generating FTO erroneously, in the meanwhile, the process of fund transfer orders (FTO’s) for payments have been transferred from the DCC level to MCC level.

6. As seen from the above proceedings addressed by the Executive Engineer, the respondents are not disputing the execution of work done by the petitioner and the payment due to the petitioner herein.

7. As such, this Court is inclined to dispose of the Writ Petition, directing the respondents herein to take necessary steps for payment of the amount due to the petitioner herein and the said amount sh