APHC010631442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33027/2025 Between: 1. RASAMSETTY JANAKI RAMANA, S/O RASAMSETTY ANJANEYA DAS, AGED ABOUT 52 YEARS R/O, D/NO.20/516-28, PARASUPETA, NGOS COLONY, MACHILIPATNAM, KRISHNA DISTRICT. 521001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, P.R.I DIVISION, MACHILIPATNAM, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MACHILIPATNAM MANDAL, MACHILIPATNAM, KRISHNA DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MANDAL PARSHAD, MACHILIPATNAM MANDAL, KRISHNA 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 action of the respondents in non- payment of amounts due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 11 works under Gadapa Gadapaku Mana Prabuthvam(GGMP) Funds for laying of C.C.Roads in Thallapalem Panchayat 1 and 2, Thallapalem Village, Machilipatnam Mandal, Krishna District the works are as follows (1) Construction of C.C. Road from Adala Ramakrishna house to Evana Naga Raju house in Jonnalavarimodi H/o Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1106/ 2023-2024, dt. 15-02-2024, for estimated cost of Rs.4,71,000/- after deduction of EMD and Seignorage Charges the Net Amount comes under Rs.3,75,778/-, Construction of C.C. Road from Bommidi Satyanarayana house to Bommidi Panduranga Rao house in Satravapalem H/o Thallapalem Panchayat of Machilipatnam Mandal, vide Agreement No. 1108/2023-2024, dt. 15-02-2025, for estimate cost of Rs.2,80,000/- after deduction of EMD and Seignorage Charges the Net Amount comes under Rs.2,17,895/-, (2) Construction of C.C. Road from Siddireddy Nagulu house to Evana Naga Raju house in Jonnalavarimodi H/o Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No.1107/2023-2024, dt. 15-02-2024, for estimated cost of Rs.4,55,000/- after deduction of EMD and Seignorage Charges the Net Amount comes under Rs.3,33,748/-, (3) Construction of C.C. Road from parimi Krishna site to Burrial ground in Sattenapalem H/o Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1109/ 2023-2024, dt. 15-02-2024, for estimated cost of Rs.3,87,000/- after deduction of EMD and Seignorage Charges the Net Amount comes under Rs.2,68,084/-, (4) (5) Construction of C.C. Road from Sattenapalem SC Colony CC road to Parimi Krishna site in Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No ll 10/ 2023-2024, dt. 15-02-2024, for estimated cost of Rs.4,07,000/- after deduction of EMD and Seignorage Charges the Net Amount comes under Rs.3,04,140/-, Construction of C.C. Road from Gangiredia Tataiah house to illuri aggiramudu house in jonnalavaripalem village of Tallapalem panchayat of Machilipatnam mandal, Krishna District, Vide Agreement No. 1105/ 2023- 2024, dt. 15-02-2024, for estimate cost of Rs.4,09,000/- after deduction of EMD and Seignorage Charges the Net Amount comes Rs.3,37,512/-, (6) Construction of C.C. Road frorri Ganta Raju house to Ganta Surendra house in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1104/ 2023-2024, dt. 15-02-2024, for estimate cost of Rs.3,45,000/- after deduction of EMD and Seignorage Charges the Net Amount comes Rs.2,68,190/-, (7) (8) Construction of C.C. Road from RCM Church to Maddala Rani House in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1112/ 2023-2024, dt. 15-02-2024, for estimate cost of Rs.2,71,000/- after deduction of EMD and Seignorage Charges the Net Amount comes Rs.2,17,669/-, (9) Construction of C.C. Road from Vempa Kamala house to Ganta Arlappa house in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No.1103/ 2023-2024, dt. 15-02-2024, for estimate cost of Rs.4,06,000/- after deduction of EMD and Seignorage Charges the Net Amount comes Rs.3,23,310/-, (10) Construction of C.C. Road from Ramalayam to Gangiredia Tataiah house in Jonnalavaripalem Village of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No.1111/ 2023-2024, dt. 15-02-2024, for estimate cost of Rs.4,58,000/- after deduction of EMD and Seignorage Charges the Net Amount comes Rs.3,72,713/-, (11) Construction of C.C. Road from main road in RCM Church in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide D.R.No.233/ 2023-2024, dt. 11-03-2024, for estimate cost of Rs.1,11,000/- after deduction of EMD and Seignorage Charges the Net Amount comes Rs.90,322/-, the total amount of Rs.31,09,861/- excluding from the EMD amounts and consequential direct the respondents to release the final bill amount of Rs. Rs.31,09,861/- along with the EMD amounts and interest payable to the petitioner on the principal amount and to pass such 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 the respondents to pay the amount of Rs.31,09,861/- after the successful completion of the execution of 11 works under Gadapa Gadapaku Mana Prabuthvam(GGMP) Funds for laying of C.C.Roads in Thallapalem Panchayat 1 & 2, Thallapalem Village, Machiliparnam Mandal, Krishna District, the works are as follows, (1) Construction of C.C. Road from Adala Ramakrishna house to Evana Naga Raju house in Jonnalavarimodi Fl/o Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1106/ 2023-2024, dt. 15-02-2024, for estimated cost of Rs.4,71,000/- after deduction of EMD & Seignorage Charges the Net Amount comes under Rs.3,75,778/-, (2) Construction of C.C. Road from Bommidi Satyanarayana house to Bommidi Panduranga Rao house in Satravapalem Fl/o Thallapalem Panchayat of Machilipatnam Mandal, vide Agreement No. 1108/2023-2024, dt. 15-02-2025, for estimate cost of Rs.2,80,000/- after deduction of EMD & Seignorage Charges the Net Amount comes under Rs.2,17,895/-, (3) Construction of C.C. Road from Siddireddy Nagulu house to Evana Naga Raju house in Jonnalavarimodi Fl/o Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1107/ 2023- 2024, dt. 15-02-2024, for estimated cost of Ids.4,55,000/- after deduction of EMD & Seignorage Charges the Net Amount ( omes under Rs.3,33,748/-, (4) Construction of C.C. Raad from parimi krishna site to Burrial ground in Sattenapalem H/o Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No.1109/ 2023-2024, dt. 15-02-2024, for estimated cost of Rs.3,87,000/- after deduction of EMD & Seignorage Charges the Net Amount comes under Rs.2,68,h84/-, (5) Construction of C.C. Road from Sattenapalem SC Colony CC road to Farimi Krishna site in Thallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement Nt .1110/ 2023-2024, dt. 15-02-2024, for estimated cost of Rs.4,07,000/- after deduction of EMD & Seignorage Charges the Net Amount comes under Rs.3,04,140/-, Construction of C.C. Road from Gangiredia Tataiah house to illuri aggiramudu house in jonnalavaripalem village of Tallapalem panchayat of Machilipatnam mandal, Krishna District, Vide Agreement No. 1105/ 2023- 2024, dt. 15-02-2024, for estimate cost of Rs.4,09,000/- after deduction of EMD & Seignorage Charges the Net Amount comes Rs.3,37,512/-, Construction of C.C. Road from Ganta Raju house to Ganta Surendra house in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1104/2023-2024, dt. 15-02-2024, for estimate cost of Rs.3,45,000/- after deduction of EMD & Seignorage Charges the Net Amount comes Rs.2,68,190/-, Construction of C.C. Road from RCM Church to Maddala Rani House in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No.1112/ 2023- 2024, dt. 15-02-2024, for estimate cost of Rs.2,71,000/- after deduction of EMD & Seignorage Charges the Net Amount comes Rs.2,17,669/-, Construction of C.C. Road from Vempa Kamala house to Ganta Arlappa house in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No. 1103/2023-2024, dt. 15-02-2024, for estimate cost of Rs.4,06,000/- after deduction of EMD & Seignorage Charges the Net Amount comes Rs.3,23,310/-, (10) Construction of C.C. Road from Ramalayam to Gangiredia Tataiah house in Jonnalavaripalem Village of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide Agreement No.1111/ 2023-2024, dt. 15-02-2024, for estimate cost of Rs.4,58,000/- after deduction of EMD & Seignorage Charges the Net Amount comes Rs.3,72,713/-, (11) Construction of C.C. Road from main road in RCM Church in Gantavaripalem of Tallapalem Panchayat of Machilipatnam Mandal, Krishna District, Vide D.R.No.233/ 2023-2024, dt. 11-03-2024, for estimate cost of Rs.1,11,000/- after deduction of EMD & Seignorage Charges the Net Amount (6) (7) (8) (9) comes Rs.90,822/-, the total amount of Rs.31,09,861/- immediately, with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. VARDHINEEDI SAI KIRAN 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 V.Sai Kiran, 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 non-payment of amounts due to even after finalizing the bills payable to the petitioner, to a tune of Rs.31,09,861/- in relation to above mentioned 11 works, 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 4th 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.38,43,025/- and after QC recovery of Rs.5,56,901/-, the net amount payable to the petitioner comes to Rs.32,86,124/-. 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.32,86,124/-. 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.”. 6. Given the instructions furnished by the 4th respondent, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.32,86,124/- (Rupees Thirty Two Lakhs Eighty Six Thousand One Hundred and Twenty Four only) payable to the petitioner regarding execution of the aforementioned work, within four (04) 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