APHC010698572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36168/2025 Between: 1. G SATYANARAYANA REDDY, S/O. SADHASIVA REDDY, AGED ABOUT 49 YEARS, RIO. H.NO.2-30, R.KOTHAPALLI VILLAGE, GUMMAGATTTA MANDAL, ANANTHAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH - 522 238. 3. THE DISTRICT COLLECTOR, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT-515001. 4. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, PANCHAYATRAJ DEPARTMENT ANANTAPURAMU, ANANTAPURAM DISTRICT-515001. 5. THE EXECUTIVE ENGINEER, PR PIU DIVISON, ANANTHAPURAM, ANANTAPURAM DISTRICT-515001. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT-515001. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bills payable to the petitioner towards the completed works under M-Book Pass Orders i.e., 1.M.Book No. 66/APR/2022-23, Rs. 28,83,855/-, 2. M.Book No. 12/BPR/2022-23, Rs.2,85,880/-, both together in total Rs.31,69,7351-, even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending under M-Book Pass Orders I.e., 1.M.Book No. 66/APR/2022-23, Rs. 28,83,855/-, 2. M.Book No. 12/BPR/2022-23, Rs.2,85,880/-,both together in total Rs.31,69,735/- , and to pas IA NO: 1 OF 2025 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 respondent Nos: 1 to 3 to release the amount pending under M- Book Pass Orders I.e., 1.M.Book No. 66/APR/2022-23 , Rs. 28,83,855/-, 2. M.Book No. 12/BPR/2022-23, Rs.2,85,880/-,both together in total Rs.31,69,7351-, to the petitioner, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORDER Heard Sri Ravula Nagarjuna, 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 not releasing the admitted/finalized bills payable to the petitioner towards the completed works under M-Book Pass Orders i.e., 1.M.Book No. 66/APR/2022-23, Rs. 28,83,855/-, 2. M.Book No. 12/BPR/2022-23, Rs.2,85,880/-, both together in total Rs.31,69,735/-, even after finalizing the bills, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the 5th respondent. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the total value of the work done by the petitioner is Rs.34,40,084/- and after QC recovery of Rs.2,70,349/-, the net amount payable to the petitioner comes to Rs.31,69,735/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.31,69,735/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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.” 6. Given the instructions furnished by the 5th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.31,69,735/- (Rupees Thirty One Lakhs Sixty Nine Thousand Seven Hundred and Thirty Five only) payable to the petitioner regarding execution of the aforementioned work, 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 PVD 1 2025 SCC online SC 1400