K Naresh Goud v. 1. The State of Telangana

Petition under Section '151 Qp6 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 5 and 6 to release the undisputed payment amount to the petitioner which was deposited in Dudyal Gqqm Panct'rayat bank account by the MGNREGS an 02.Q7 2023, pq4ding dispqsal of the writ petition Counsel for the Petitioner: SR!. K.V.V. VEPANTHA CLIARYA Counsg! for tfiq Respondent Nos. 'l&4: GP FOR ROADS BIIILDINGS Counsq! for the Respondent Nos.?&S : GP EgR BEVENU-E Counsslfor the Bespondent Nos,3&0.!!1,[ |EI?EFP RFDDYI sc r9B rG zPB The Cqurt mAde tbe folloyrinq: OBPER ----------7 TTIE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRTT PETITTON NO.37I85 OF 2024 ORDER In this Writ Petition, the petitioner is seeking a Writ of Mandarnus tleclaring the inaction of respondents 5 and 6 in releasing the undisputed pa),ment lor the r.vorks done b;v irim in spite of the resolution bcing passed by the Dudyal Gram Panci',ayat on 17.04.2023 ancl the amouut ,-r-'eing dei,csited by the 'inding ag.ncy, i.e.. II4GNREGS anoi,inting to Rs.i3.9.6.724l- on 02.07.2023, as illegal a-nd arbitrary anci he is llsc, seeking pa),nicnt with ir-rtcrest at i 5o,/,; pel' annum.

2. l'he 6'r' :'espondcnt Cram Panchayat has filed a cotlnter a{hdavit stating tilat the 4th lespondent hirs not issued an.v orders for payment of ihc an-rouril to the petitioner an<i 1.i-itrefirre, paylrrent could not' be marie :rnrl iliat the $irit Petitiorr is not nlaintainable and is iiable to 'tre I disniissed. -1. l'!re 4th respoadcrrt h:r: illc.d a copy of the ins:rr;t ti,lris rlt.?4.A4.2G25, ...drerein it is statecl tha't rrft.er due r,":rificatiol of ail the relFio,r':t docurnclts, the 4th resi,i;u':ll:1i 6;,. il'ritiateC action fc: p:i-y'li1erti 2 V/.P. No.37 t 85 of2024 '.. vide FTO File No.0l2IEATPA\aREQ02072023369 for the hnancial \ year 2023-.2024 and the entire amount of Rs.13'96,724l- was deposited into the account of Dudyal Gram Pa.nchayat. Bnclosed therewith are the details of the bank account and the payrnents made into the said bank account on 02.07 .2023 .

4. Thercfore, it is clear that the amount has been deposited into the bankaccountoftheDudyalGramPanchayataSono2.0T.2023itselfand I it is the Gram Panchayat, i.e., the 6ft respondent which has not made the payment to the Petitioner.

5. Since the 4th respondent has stated that there is no objection for release of the amount to the petitioner, the 6th respondent is directed to release the amount to the petitioner within a period of ten ( 10) days from thedateofreceiptofacopyofthisorderalongwithaccruedinterest thereon from -02.07.2023. lt is als<l observed that the 6th respondent panchayat Secretary has filed counter affidavit stating that they have not received any instructions from the 4ft respondent, which is factually incorrect. Therefore, the 4s respondent shall pay costs of Rs'20'000/- @upees twenty thousand) to the petitioner as compensation for the delay. 7 3 W.P. No.37185 of 2024 , I

6. With the above directions, the Writ Petition is disposed of with costs. 7, Pending miscellaneous petitjons, if any, in this Writ Petirion shall stand closed. \ To, //TRUE COPY// SD/.MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER -Stati: Secreta riat. Hyd-erabad Abmbed kei Telangana Buildings. Vikarabad, Vikarabad District, Telangana

1. The Principal Secretary Department of Roads and Building Dr BR 2 The District Collecior, Vikarabad, Vikarabad. District Telangang Stale' 3 The District Panchayat Officer, Vikarabqd, Vikarabad District, felangana +. the Oistrict R and B Officer (Executive Engrneer), Department of Roads and S fhe fnisitoar/ Specibl Qfficer, Dudyal (V and M), Dudyal, Vikarabad District, 6. The Pinchayath Secreatary, Dudyal Village, pudyal Mandal Vikarabad 7, ONE CC tO SRI. K.V.V. VEDANTHA CHARYA, AdVOCAtE tOPUql B. Two CCs to GP FOR ROADS BUILDINGS High Court for the State ot 9. Two ics to GP FoR REVENUE High Court for the state of relangana, at Telanqana at Hyderebad [oUT] District, Telangana. Telanoana. Hyderabbd [our] r O OirC QC tO $RI K. PN4QEEP BEDDY, SC FOR TG ZPP IOPUQ] 11.Two CQ Copigs BM BS ,.tirb HIGH COURT DATED:24tO4t2O2s + trrE sre ,C 'i" q )3 0'r tilir ?[25 ( r '( ,} ORDER WP.No.37185 of 2024 I I DISPOSING OF T wirr6iji E JJrfIt wR rr PErrrro N @q'3 * I1