Nunnam Rama Vishnu, vs The State Of Andhra Pradesh
2022 Latest Caselaw 9796 AP

               HON'BLE SRI JUSTICE K.SURESH REDDY

                     Writ Petition No.32873 of 2022

ORDER:-


       This writ petition is filed seeking the following relief:-

               "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 balance bill amount of

Rs.2,37,021/- to the petitioner for construction of Gokulam for 20 animals at Kothapalli Village, Gokavaram Mandal, East Godavari District, for the year 2018-2019 under Mahatma Gandhi National Rural Employment Guarantee Scheme, (for short 'MGNREG') Andhra Pradesh, vide work ID.N.047641702002080013, is illegal, arbitrary, and consequently direct the respondents to pay balance bill amount of Rs.2,37,021/-to the petitioner"

2. The petitioner is a resident of Kothapalli village, East Godavari

District and the respondents entrusted the construction work of

Gokulam for 20 animals at Kothapalli village, East Godavari District,

for the year 2018-2019 under MGNREG scheme, vide work

ID.N.047641702002080013 to the petitioner. Accordingly, the

petitioner has completed the work and submitted bills for release of

payment of total amount of Rs.5,05,378/-. The respondents paid an

amount of Rs.2,68,357/- in the year 2020 and failed to pay the

balance amount of Rs.2,37,021/-. Even though, the petitioner made

number of representations for release of amount, no action has been

taken by them. Aggrieved by the same, the petitioner filed the

present writ petition.

3. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner is entitled for payment of

the aforesaid amount, no payment is being made and such non-

payment of money is clearly arbitrary and high-handed and thereby

requires interference by this court.

4. Learned Government Pleader filed counter-affidavit and

submitted that the respondents are not disputing the amount to be

released by the Commissioner, Rural Development, Andhra Pradesh.

5. This court, in various orders, including the judgment of a

learned single Judge of this court, dated 05-10-2021 in W.P.No.10038

of 2021 and batch had taken the view that such non-payment of dues

is arbitrary and that such dues need to be cleared by the respondents

at the earliest.

6. In view of the aforesaid directions of this court in various cases

and after hearing both sides, this writ petition is disposed of with a

direction to the respondents to pay the balance amount of

Rs.2,37,021/- to the petitioner, within a period of eight(8) weeks

from the date of receipt of a copy of this order. No costs.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed.

_______________ K.SURESH REDDY,J 21st day of December,2022 RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 32873 of 2022

Dated: 21.12.2022

RPD