Andhra Pradesh High Court - Amravati
Damacharla Pichanna vs The State Of Andhra Pradesh on 24 March, 2026
APHC010594702023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
TUESDAY,THE TWENTY FOURTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 30722/2023
Between:
1. DAMACHARLA PICHANNA, S/O. VENKAYYA, AGED 70 YEARS,
OCC CONTRACTOR, R/O. DOOR NO.3-128, THURPUNAIDUPALEM
VILLAGE, TANGTUR MANDAL, PRAKASAM DISTRICT (DIED)
2. DAMACHARLA GOPI, S/O LATE DAMACHARLA PICHANNA, AGED
47 YEARS, R/O DOOR NO.3-128, THURPUNAIDUPALEM VILLAGE,
TANGTUR MANDAL, PRAKASAM DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT. PANCHAYAT RAJ AND RURAL
DEVELOPMENT DEPARTMENT. SECRETARIAT.VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT.
2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL
DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA
PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT.
3. THE DISTRICT COLLECTOR PANCHAYAT WING, PRAKASAM
DISTRICT AT ONGOLE.
4. THE EXECUTIVE ENGINEER, PRL DIVISION, KANDUKUR,
S.P.S.R.NELLORE DISTRICT, (ERSTWHILE PRAKASAM DISTRICT)
5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION,
KONDAPI, PRAKASAM DISTRICT.
Page 2 of 5
6. THE ASSISTANT EXECUTIVE ENGINEER, MANDLA PRAJA
PARSIHAD OFFICE, TANGUTUR, PRAKASAM DISTRICT.
7. THE PANCHAYAT SECRETARY CUM EXECUTIVE AUTHORITY, T.
NAIDUPALEM GRAM PANCHAYAT, TANGUTUR MANDAL,
PRAKASAM DISTRICT.
8. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND
PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
...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 action of the respondents in non- payment of withholding the WH, SA, QC and EMD deposit amounts of Rs. 9,00,689/-, payable to the petitioner after the successful completion of the execution of 20 different works in T.Naidupalem Village, Tangutur Mandal, Prakasam District under 'MGNREGS plus SDF plus MPLADS' programme and Convergence funds, issued by 5th and 6th respondents and for consequential direction to the respondents to release the WFI, SA, QC and EMD deposit amounts., as illegal, irregular, irrational and offends under Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay the sum of money payable pursuant to said withheld amount dues to the petitioner and pass IA NO: 1 OF 2023 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 leased to direct the respondents to release and pay WH, SA, QC & EMD deposit amounts payable to the petitioner for 20 different works in T. Naidupalem Village, Tangutur Mandal, Prakasam District under "MGNREGS + SDF+MPLADS" programme and Convergence funds, issued by 5th & 6th respondents, pending disposal of the main writ petition and pass Page 3 of 5 IA NO: 1 OF 2026 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 permit the legal representative to come on record as party/proposed Petitioner No. 2 per LRs of deceased 1st Writ Petitioner to the main Writ Petition in W.P No. 30722 of 2023 and pending Interlocutory Applications therein, in the interests of justice and pass Counsel for the Petitioner:
1. NIMMAGADDA REVATHI Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR PANCHAYAT RAJ RURAL DEV
3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order :
Heard Smt. Nimmagadda Revathi, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents.
2. The above writ petition was filed to declare the action of the respondents in withholding the WH, SA, QC and EMD deposit amount of Rs.9,00,689/- payable to the petitioner in relation to execution of 20 works in T. Naidupalem Village, Tangutur Mandal, Prakasam District, under MGNREGS+SDF+MPLADS Programme and Convergence funds, as illegal and arbitrary.
Page 4 of 53. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj submitted instructions of the Executive Engineer, PRI Division, Kandukur.
4. A perusal of the said instructions would disclose that there is no dispute regarding the execution of 20 works by the petitioner and withholding of a certain amount under different heads. However, according to the instructions, the petitioner is entitled to an amount of Rs.8,69,681/-. The written instructions are made as part of the record.
5. Learned counsel for the petitioner endorses the same.
6. Thus, as seen from the instructions, there is no dispute regarding the execution of 20 works and the petitioner's entitlement to WH, SA, QC and EMD deposit amount of Rs.8,69,681/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors1, it was held at Para No.8 as under:
"Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie. Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence."
7. Given the instructions furnished by the Executive Engineer, PRI Division, Kandukur, the Writ Petition is disposed of directing the respondents 1 2025 SCC online SC 1400 Page 5 of 5 to release the WH, SA, QC and EMD deposit amount of Rs.8,69,681/- (Rupees Eight Lakhs Sixty Nine Thousand Six Hundred and Eighty One only) payable to the petitioner, within three (03) months from the date of receipt of the copy of this order.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.03.2026 IKN