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Andhra Pradesh High Court - Amravati

Contractor. R/O.Magallu Village. ... vs The State Of Andhra Pradesh. Rep. By Its ... on 27 January, 2026

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        IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR^|||^^p
                       (SPECIAL ORIGINAL JURISDICTION)              ,•si* ml
                                                                          V

            TUESDAY. THE TWENTY SEVENTH DAY OF JAnO^
                       TWO THOUSAND AND TWENTY SIX
                                    :PRESENT:

           THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
                       WRIT PETITION NO: 7556 OF 2024
 Between:

    D. Seshagiri Rao, S/o Bhaskar Rao, Aged about 45 Years.                     Occ.

    Contractor. R/o.Magallu Village. Nandigama Mandal. NTR District
                                                                        ...Petitioner
 AND


    1. The State of Andhra Pradesh. Rep. by its Principal Secretary. Housing
       Department. Secretariat. Velagapudi. Amaravathi. Guntur District.
    2. The State of Andhra Pradesh. Rep. by its Principal Secretary. Finance
       & Planning Department. Secretariat. Velagapudi. Amaravathi. Guntur
       District.                       •\   .




    3. A.P State Housing Corporation Limited. Represented by its Managing
       Director. Vijayawada. NTR District
   4. The Project Director. A.P State Housing Corporation Limited.
       Vijayawada. NTR District

   5. The District Collector, Vijayawada, NTR District
   6. The Project Director, District Water Management Authority, Gollapudi,
       Vijayawada, NTR District

   7. Program Officer, MGNREGS, Nandigama Mandal, NTR District
                                                                  ...Respondents
       Petition under Article 226 of the Constitution of India is filed 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 the respondents in not releasing
the payments to the petitioner for the works executed by the Petitioner in
 w




     relation to development of housing colony at Mandabayalu in Ramareddipalle,
     Ramreddipalle Village, Nandigama Mandal, NTR District to the tune of
     Rs.20,04,623/ - (Rupees Twenty Lakhs Four Thousand            Six hundred and

    Twenty Three only) for work ID 060750408008170901 and Rs.22,25,442/-
     (Rupees Twenty Two lakhs Twenty Five Thousand Four Hundred and Forty
    Two only) for work ID 060750408008170900 totaling Rs.42,30,065/- (Rupees
    Forty Two lakhs Thirty Thousand and Sixty Five only) as bad, illegal, arbitrary
    and violative of Articles     14 and 21     of the Constitution   of   India   and

    consequently direct the respondents to forthwith release the payments due to
    the petitioner the tune of Rs.42,30,065/- (Rupees Forty Two lakhs Thirty
    Thousand and Sixty Five only)along with interest from the date of entry in M-
    Books;
    lA NO: 1 OF 2024

                 Petition under Section 151 CPC is filed 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 forthwith release the
    payments for the works executed by the Petitioner in relation to development
    of housing colony at Mandabayalu in Ramareddipalle, Ramreddipalle Village,
    Nandigama Mandal, NTR District to the tune of Rs.20,04,623/- (Rupees
    Twenty Lakhs Four Thousand Six hundred and Twenty Three only) for work
    ID 060750408008170901 and Rs.22,25,442/- (Rupees Twenty Two lakhs
    Twenty Five Thousand Four Hundred and Forty Two only) for work ID
    060750408008170900 totaling Rs.42,30,065/- and Sixty Five only). Pending
    disposal of WP 7556 of 2024, on the'file of the High Court.
    lA NO: 1 OF 2025

                 Petition under Writ Rules (ii) is filed praying that in the
    circumstances stated in the affidavit filed in support of the petition, the High
    Court may be pleased to grant leave to file the Counter Affidavit filed by the
    Petitioners/Respondent Nos. 3&4 in main writ petition No. 7556 of 2024,
    Pending disposal of WP 7556 of 2024, on the file of the High Court.
 T




           The petition, coming on for hearing, upon perusing the Petition and the
    affidavit filed in support thereof and upon hearing the arguments of Sri.D V
    SASIDHAR Advocate for the Petitioner, GP FOR HOUSING for Respondent
    No.1, GP for Finance for R2, GP for Revenue for R5, GP for Irrigation for R6,
    Sri.K.Mallikarjuna Moorthy, Standing counsel for R3 and R4, Sri.R.Kalyan
    Chakaravarthy, Standing counsel for R7 and the Court made the following.
    ORDER:

The above writ petition was filed to declare the action of the respondents in not releasing the payments to the petitioner for the works executed by him in relation to development of housing colony at Mandabayalu in Ramareddipalle, Ramreddipalle Village, Nandigama Mandal, NTR District to the tune of Rs.20,04,623/- for work ID 06075040800817090 and Rs.22,25,442/- for work ID 060750408008170 900, totaling to Rs.42,30,065/-, as illegal and arbitrary.

2. A counter affidavit was filed on behalf of respondent No.1. It was contended that the works were sanctioned by respondent No.5-District Collector and executed by respopdent No.6-Project Director, District Water Management Authority.

3. A counter affidavit was also filed by the District Head Housing Board, N.T.R District, stating that APSHCL is a nodal agency and only executes works sanctioned by the Government. It is also stated that Commissioner of PR & Rural Development addressed a letter dated 08.01.2024 to the then Managing Director, APSHCL, Vijayawada- respondent No.3, seeking information regarding the works sanctioned under MGNREGS for leveling of house sites along with details of pending payments. In fact, Commissioner of PR & Rural Development addressed another letter dated 20.11.2024, requesting to take necessary action to clear the pending payments towards the work of leveling of house sites taken up under Phases I and II.

4. No counter is filed by respondents 5 and 6.

5. At request of learned Assistant Government Pleader for Revenue, post on 17.02.2026.

6. If counter affidavits are not filed by the next date of hearing, respondents 5 and 6 shall appear before the Court along with the record.



                                                           SD/- B.PRASAD RAO
                                                           DEPUTYaREGISTRAR
                                    //TRUE COPY//

                                                    I      SECTION OFFICER

To,

1. The Principal Secretary, State of Andhra Pradesh, Housing Department, Secretariat, Velagapudi, Amaravathi, Guntur District.

2. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi, Guntur District, (addressee 1 and 2 by Special Messenger)

3. The Managing Director, A.P State Housing Corporation Limited, Vijayawada, NTR District.

4. The Project Director, A.P State Housing Corporation Limited, Vijayawada, NTR District.

5. The District Collector, Vijayawada, NTR District

6. The Project Director, District Water Management Authority, Gollapudi, Vijayawada, NTR District (addressee 5 and 6 FOR APPEARANCE).

7. Program Officer, MGNREGS, Nandigama Mandal, NTR District (addressee 3, 4 and 7 by RPAD)

8. One CC to SRI. D V SASIDHAR Advocate [OPUC]

9. Two CCs to GP FOR HOUSING, High Court of Andhra Pradesh. [OUT]

10. Two CCs to GP FOR Finance, High Court of Andhra Pradesh. [OUT]

11. Two CCs to GP FOR Irrigation, High Court of Andhra Pradesh. [OUT]

12. One CC for Sri.R.Kalyan Chakravarthy, Standing counsel [OPUC]

13. One CC for Sri.K.Mallikarjuna Moorthy, Standing counsel [OPUC]

14. One spare copy HIGH COURT SRS,J DATED:27/01/2026 POSTON 17.02.2026 ORDER WP.No.7556 of 2024 FOR APPEARANCE