Andhra Pradesh High Court - Amravati
Vuriti Bhavani vs The State Of Andhra Pradesh, on 2 November, 2021
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MS. JUSTICE LALITHA KANNEGANTI
WRIT PETITION (PIL) Nos. 166 of 2019 and 31, 44, 52,
120 & 123 of 2020
(Proceedings through physical mode)
W.P. (PIL) No.166 of 2019
Krishna District Grama Panchayathi
Sarpanchla Sangam (Regd. No.338/2015),
Pochampalli Post, Vaya Chillakallu,
Jaggayyapeta, Krishna District, rep.by its
President, Mullangi Ramakrishna Reddy
S/o. Kotireddy, aged 63 years, Sarpanch,
Pochampalli village, Jaggayyapet Mandal,
Krishna District and another. .. Petitioners
Versus
The State of Andhra Pradesh,
rep.by its Principal Secretary,
Department of Panchayat Raj & Rural
Department (R.D-II), Secretariat,
Velagapudi, Guntur District
and others. .. Respondents
Counsel for the petitioners : Mr. Ginjupalli Subba Rao
Counsel for respondents No.1 to 4 & 6 : Mr. C. Sumon,
Spl. Government Pleader
Counsel for respondents No.5 : Mr. N. Harinath,
Asst. Solicitor General
W.P. (PIL) No.31 of 2020
Kottapu Muni Reddy S/o. Obul Reddy,
Aged about 58 years,
Ex-Sarpanch, Tamballagondhi Gram Panchayat,
Atlur Mandal, YSR Kadapa District
and others. .. Petitioners
Versus
The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Panchayat Raj & Rural Development (RD-II) Department,
A.P. Secretariat Building,
Velagapudi, Guntur District and others. .. Respondents
Counsel for the petitioners : Ms. Sodum Anvesha
Counsel for respondents : Mr. C. Sumon,
Spl. Government Pleader
2
W.P. (PIL) No.44 of 2020
Yalamanchili Venkata Babu Rajendra Prasad,
S/o. Seetaramaiah, aged 57 years,
House No.1-189, 1st Ward,
Vuyyuru, Krishna District,
Andhra Pradesh - 521 165. .. Petitioner
Versus
The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Department of Panchayat Raj &
Rural Development (RD-II),
Secretariat, Velagapudi,
Guntur District and others. .. Respondents
Counsel for the petitioner : Mr. T. Vishnu Teja
Counsel for respondents No.1 to 4 & 6 : Mr. C. Sumon,
Spl. Government Pleader
Counsel for respondents No.5 : Mr. N. Harinath,
Asst. Solicitor General
W.P. (PIL) No.52 of 2020
Nelakuditi Ramesh S/o. Nageswara Rao,
Aged about 42 years, Works Committee Member,
Kethaveerunipadu Gram Panchayat,
R/o. D.No.1-18, Kethaveerunipadu,
Nandigama, Krishna District
and others. .. Petitioners
Versus
The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Panchayat Raj & Rural Development (RD-II) Department,
A.P. Secretariat Building, Velagapudi,
Guntur District and others. .. Respondents
Counsel for the petitioners : Ms. Sodum Anvesha
Counsel for respondents No.1 to 6 : Mr. C. Sumon,
Spl. Government Pleader
Counsel for respondents No.7 : Mr. N. Harinath,
Asst. Solicitor General
W.P. (PIL) No.120 of 2020
Venkata Rao Suryadevara
S/o. Subhash Chandra Bose,
Aged 48 years, Occ: Politician (Public Service),
r/o.3-112, Angalakuduru village, Tenali Mandal,
Guntur District. .. Petitioner
3
Versus
The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Department of Panchayat Raj & Rural Development (RD-II),
Secretariat, Velagapudi,
Guntur District and others. .. Respondents
Counsel for the petitioner : Mr. Narra Srinivasa Rao
Counsel for respondents No.1 to 4 & 6 : Mr. C. Sumon,
Spl. Government Pleader
Counsel for respondents No.5 : Mr. N. Harinath,
Asst. Solicitor General
W.P. (PIL) No.123 of 2020
Vuriti Bhavani W/o. V. Venkata Rao,
Aged about 54 years, Ex-Sarpanch,
Angalakuduru Gram Panchayat,
R/o. D.No.2-190, Angalakuduru,
Tenali Mandal, Guntur District,
and another. .. Petitioners
Versus
The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Panchayat Raj & Rural Development (RD-II) Department,
A.P. Secretariat Building, Velagapudi,
Guntur District and others. .. Respondents
Counsel for the petitioners : Ms. Sodum Anvesha
Counsel for respondents No.1 to 5 : Mr. C. Sumon,
Spl. Government Pleader
Counsel for respondents No.6 : Mr. N. Harinath,
Asst. Solicitor General
COMMON ORAL ORDER
Dt: 02.11.2021 (per Prashant Kumar Mishra, CJ) In this batch of Public Interest Litigations, preferred by the Ex-Sarpanchs of different Grampanchayats, some what a common prayer has been made for release of payments in favour of the contractors, who have executed different works. The prayer clause in one of the writ petitions i.e., W.P.(PIL) No.166 of 2019 is extracted herein below to understand the nature of relief prayed. 4
"It is submitted that from the facts narrated above it is therefore prayed that this Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondents 1 to 4 in not releasing the amounts due to the Gram Panchayats in the State of Andhra Pradesh towards material cost incurred for the creation of durable infrastructure in their gram panchayats and to declare the diversion of funds advanced by the Union of India for the implementation of the schemes under the MGNREGS Act 2005 as illegal, arbitrary, in violation of Article 14 of the Constitution of India and contrary to the provisions of the MGNREGS Act 2005 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. During the pendency of the writ petitions, certain payments have been made to the contractors. In course of hearing, on 07.10.2021 it was informed by Mr. C. Sumon, learned Special Government Pleader attached to the office of the learned Advocate General that out of Rs. 1121 Crores, which was earlier deposited with the Grampanchayats, an amount of Rs.1061 Crores had been disbursed to the suppliers, and the balance amount of Rs.60 Crores out of Rs.1121 Crores could not be released to the beneficiaries/suppliers on account of certain unforeseen problems such as death of Sarpanchs, suppliers could not be traced etc. He further informed that the issue will be resolved within a period of three weeks, with further statement that subsequent deposit of Rs.372 Crores, which was remaining outstanding after deposit of Rs.1121 Crores with the Grampanchayats is expected to be disbursed to the suppliers/beneficiaries in another two weeks. 5
3. When the matter is taken up for hearing today, Mr. C. Sumon, learned Special Government Pleader attached to the office of the learned Advocate General, sought for some more time to inform this Court about the present status. However, considering the earlier statement, we are of the considered view that nothing remains to be adjudicated by this Court as the Government has already taken steps for making payment of the balance amount.
4. In view of the above, all the Writ Petitions (PIL) are disposed of with a direction to the concerned Department of the Government to disburse the entire balance amount to the suppliers/beneficiaries, within a period of four weeks from today.
5. No costs. Pending miscellaneous applications, if any, shall stand closed.
PRASHANT KUMAR MISHRA, CJ LALITHA KANNEGANTI, J GM 6 HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MS. JUSTICE LALITHA KANNEGANTI WRIT PETITION (PIL) Nos. 166 of 2019 and 31, 44, 52, 120 & 123 of 2020 (per Prashant Kumar Mishra, CJ) Dt: 02.11.2021 GM