A writ petition is maintainable for the recovery of admitted dues, as the non-payment of such undisputed amounts by the state is viewed as an arbitrary action.

(Special Original Jurisdiction)

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 action of respondents in not releasing an amount of Rs. 12,42,950/- in connection with MGNREGS plus SDF Funds with (a) Work ID No. 067007618019080015, M.Book No.137- B/PRI/NREGS/PRI/VJA/2018-1 9, (b) Work ID No.067007618019080016, M.Book No.139-B B/PRI/NREGS/PRI/VJA/2018-19, (c) Work ID No.067007618019080020, M.Book NO.443-A/NREGS/PRIA/JA/2018-19, (d) Work ID No.0670602618019080017 M.Book No. 136- B/NREGS/PRI/VJA/2018-1 pursuant to the Mahatma Gandhi National Rural Employment Scheme (MGNREGS) grants plus State Development Funds grant works for the material supplied by the petitioner for providing pucca internal roads, culverts and drains within in limits of Respondent No.4 Gram panchayat, as illegal arbitrary violation of principles of natural justice contrary to the Rules and Regulations of the National Rural Employment Guarantee Act, 2005 as illegal arbitrary violation of principles of natural justice contrary to the Settled principles of natural justice contrary to the Rules and Regulations of the National Rural Employment Guarantee Act, 2005 and offends Articles 14, 19 and 300-A of Constitution of India and consequently direct the respondents to comply with the above Measurement Books/Fund Transfer Orders by paying amounts along with interests at 6percent to the petitioner

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 Rs. 12,42,950/- in connection with MGNREGS+SDF Funds with (a) Work ID No. 067007618019080015, M.Book No.137- B/PRI/NREGS/PRI/VJA/2018-19, (b) Work ID No.067007618019080016, M.Book N0.I39-B B/PRI/NREGS/PRIA/JA/2018-19, (c) Work ID No.067007618019080020, M.Book NO.443-A/NREGS/PRIA/JA/2018-19, (d) Work ID No.0670602618019080017, M.Book NO.136- B/NREGS/PRIA/JA/2018-1 pursuant to the Mahatma Gandhi National Rural Employment Scheme (MGNREGS) grants+ State Development Funds grant works for the material supplied by the petitioner for providing pucca internal roads, culverts and drains within in limits of Respondent No.4 Gram panchayat, pending disposal of the main writ petition and to pass

Counsel for the Petitioner:

1. V.N.V.SURYA DATTU

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

3. GP FOR FINANCE PLANNING

The Court made the following order :

Heard Sri V.N.V. Surya Dattu, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1 to 3 and learned standing counsel for respondent No.4.

2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.12,42,950/- payable to the petitioner in relation to the works executed under work IDs 067007618019080015, 067007618019080016, 067007618019080020 and 0670602618019080017, as illegal and arbitrary.

3. Today when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, (FAC), PRI Division, Machilipatnam.

4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.65,63,301/- and the net amount payable to the petitioner after QC recovery of Rs.2,47,262/-, is Rs.63,16,039/-, out of