APHC010306262024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15519/2024 Between:

1. K ATI KISHORE, S/O. KATI ISSAK, AGED ABOUT 46 YEARS, D/O. 6-

69, DESAIPETA, PRASAD PETA, VETAPALEM MANDAL, BAPATIA DISTRICT, A.P. ...PETITIONER AND

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

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

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

4. T HE DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATIA. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, BAPATIA, BAPATIA DISTRICT.

5. T HE MANDAL PARISHAD DEVELOPMENT OFFICER, PARCHOOR MANDAL, BAPATIA DISTRICT, A.P.

6. E DUBADU GRAMA PANCHAYAT, REP. BY PANCHAYAT SECRETARY, EDUBADU PANCHAYAT, PARCHURU MANDAL, BAPATIA DISTRICT, A.P ...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.13,36,639/-(Rupees Thirteen lakhs thirty six thousand six hundred and thirty nine 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 one work 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 of Rs. 13.36,639/- (Rupees Thirteen lakhs thirty six thousand six hundred and thirty nine 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.13,36,639/-(Rupees Thirteen lakhs thirty six thousand six hundred and thirty nine 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 FINANCE PLANNING

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:

::ORDER ::

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

Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance for respondents 1 to 5 and Sri M. Sudhir, learned standing counsel for respondents 6 and 7.

2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.13,36,639/- payable to the petitioner for the work executed i.e. „Construction of internal CC Road from Ponugupati Babu House to Alladi Yajarao House and Vadranapu Raju house to Balathoti Prasad Kostam at Edubadu (V) of Parchur (M), as illegal and arbitrary.

3. Today, when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj and Rural Development and the learned standing counsel submitted the instructions of the Executive Engineer, PRI PIU Division, Bapatla and Mandal Parishad Development Officer, M.P.P., Parchur, respectively.

4. A perusal of the said instructions would disclose that the petitioner has exe