APHC010341312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17434/2024 Between: 1. KATTA VENU GOPALA KRISHNA, S/O. SAMBA MURTHY, AGED 53 YEARS, OCC-CONTRACTOR AND MATERIAL SUPPLIER, R/O. H.NO. 17-2-52, MANIGINA VARI NAGAR, RUSTUMBADA, NARASAPURAMTOWN AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRAPRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. A P STATE HOUSING CORPORATION LTD, 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR. Page 2 of 6 5. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 6. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. 7. THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 8. THE DISTRICT HEADHOUSING, WEST GODAVARI DISTRICT, BHIMAVARAM. 9. THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 9. THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 10. THE DIVISION HEAD HOUSING AND DEPUTY EXECUTIVE ENGINEER HOUSING, NARASAPURAM DIVISION, NARASAPURAM, WEST GODAVARI DISTRICT. 11. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY/ ADDITIONAL DISTRICT PROGRAM COORDINATOR, MGNREGS, WEST GODAVARI DISTRICT, BHIMAVARAM. 12. THE ADDITIONAL PROGRAM OFFICER MGNREGS, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 13. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MPDO, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 14. THE EXTENSION OFFICER PR AND RD, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 15. THE RUSTUMBADA GRAM PANCHAYAT, REP. BY ITS SPECIAL OFFICER- CUM-EXTENSION OFFICER, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, NARASAPURAM MANDAL, WEST GODAVARI 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 or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of contract works vide i) Layout ID No. 05860ILAl 12090 in respect of work ID No. 050594511012170332 for withheld an amount of Rs.7,29,564/- and ii) Layout ID No. 058601 LA 112090 in respect of Work ID No. 050594511012170346 for withheld amount of Rs. 3,26,235/- totaling an amount of Rs. 10,55,799/- respectively, for material supplied by me and edso works executed by me for Development of Housing Colony in Rustumbada Village of Narasapuram Mandal, West Godavari District as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and contrary to the Rules and Regulations of the National Rural Employment Guarantee Act and consequently direct the respondents to comply with the above mentioned FTRs and pass IA NO: 1 OF 2024 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 direct the respondents 1 to 3 to release the funds through a proper channel into the account of respondent No. 15 or any other concerned forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 4. GP FOR FINANCE PLANNING 5. GP FOR HOUSING The Court made the following: ::ORDER :: Heard Sri Rambabu Koppineedi, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance for respondents 1 to 3, 5, 6 and 14; learned Assistant Government Pleader for Housing, for respondents 8 and 10 and learned standing counsels for respondents 4 to 9 and 12, 13 and 15. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.10,55,799/- (Rs.7,29,564/- + Rs.3,26,235/-) towards supply of material for the works executed i.e. >i) Layout ID No.058601LA112090 in respect of work ID No.050594511012170332 and ii) Layout ID No.058601LA112090 in respect of work ID No.050594511012170346, as illegal and arbitrary. 3. Today, when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted the instructions of Project Director, District Water Management Agency, West Godavari District, Bhimavaram. 4. A perusal of the said instructions would disclose that the petitioner has supplied material to a tune of Rs.1,00,60,684/-, for execution of the aforementioned works and after deducting an amount of Rs.3,14,703/- towards wage expenditure, the amount payable is Rs.97,45,981/-, out of which the petitioner was already paid Rs.75,07,175/-. The balance amount payable to the petitioner is Rs.10,55,801/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. Page 5 of 6 6. Thus, as seen from the instructions, there is no dispute regarding the supply of material for execution of the aforementioned works and the petitioner?s entitlement for the balance amount of Rs.10,55,801/-. 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 Project Director, District Water Management Agency, West Godavari District, Bhimavaram, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.10,55,801/- (Rupees Ten Lakhs Fifty Five Thousand Eight Hundred and One only) payable to the petitioner regarding supply of material for execution of the aforementioned works, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 08.04.2026 IKN 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17434 of 2024 Date: 08.04.2026 IKN