APHC010584172025 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: 30286/2025 Between: 1. DEVARAKONDA. VENKATA SIVA RAMANJANEYULU,, S/O. D. VENKATESWARA RAO, AGED 36 OCC CONTRACTOR, R/O. D.NO.4-716, POTHUMERAKA (V), THUMMALA, REPALLE (M), BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH DELETED, REP. BY ITS PRINCIPLE SECRETARY, APDWSC, RWS AND S DEPARTMENT, GOLAPUDI, VIJAYAWADA, N.T.R. DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 3. THE CHIEF ENGINEER IV AND PROJECT DIRECTOR DELETED, APDWSC, RWS AND S DEPARTMENT. GOLAPUDI, VIJAYAWADA, N.T.R. DISTRICT. 4. THE DISTRICT COLLECTOR, REPALLE, BAPATLA DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, REPALLE, BAPATLA DISTRICT. Page 2 of 7 6. THE PANCHAYAT SARPANCH, THUMMALA, BAPATLA DIST. 7. THE DY EXECUTIVE ENGINEER DELETED, R.W.S AND S, SUB DIVISION, REPALLE, BAPATLA. DISTRICT. RR 1,3 AND 7 ARE DELETED AS PER THE COURT'S ORDER DT.23.12.2025 IN I.A.NO.02 OF 2025. 8. THE GRAMPANCHAYAT, POTHUMERAKA, REP BY PRINCIPAL SECRETARY, REPALLE MANDAL, BAPATLA DISTRICT. 9. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 10. THE DIVISIONAL LEVEL PANCHAYAT OFFICER DLPO, REPALLE, BAPATLA DISTRICT. RR 8 TO 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.23.12.2025 IN I.A.NO.03 OF 2025. ...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 topleased to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of under 15th finance grant works vide 1). RC.No.04 Dt.20-11-2024, Technical Sanction No SDR. 147/2024-25 dt.25-11- 2024 2). RC.No.10 Dt.20-11-2024, Technical Sanction No SDR. 150/2024-25 Dt.28-11-2024 3). RC.No.11 Dt.20- 11-2024, Technical Sanction No SDR. 156/2024-25 Dt.28-11-2024 4). RC.No.5 Dt.20-11-2024, Technical Sanction No SDR. 158/2024-25 Dt.28-11- 2024 5). RC.No.6 Dt.20-11-2024, Technical Sanction No SDR. 149/2024-25 Dt.28-11-2024 6). RC.No.4 Dt.20-06- 2025, Technical Sanction No SDR. /2025-26 Dt.07-07-2025 to an amount of Rs.16,86,234/- for worth of to the petitioners with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) (g), 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6percent interest 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 release the amount of Rs.16,86,234/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition IA NO: 2 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 permit the Petitioner to delete the (R1) The State of Andhra Pradesh, Rep. by its Principle Secretary, APDWSC, RWS&S Department, Gollapudi, Vijayawada, N.T.R. District. (3). The Chief Engineer,-IV & Project Director, APDWSC, RWS&S Department, Golapudi, Vijayawada, N.T.R. District, and (R7) The Dy Executive Engineer, R.W.S & S, Sub Division, Repalle, Bapatla, District in the Writ Petition No 30286/2025 IA NO: 3 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 pleased to permit the Petitioner to impleaded the following respondents i.e, 1). The Panchayat Secretary, Thummala Gram panchayat, Repalle Mandal, Bapatla, District. 2).The State of Andhra Pradesh, Rep. by its Principle Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Guntur District. 3) The Divisional Level Panchayat Officer (DLPO) Repalle, Bapatla District as 8th to 10th Respondents in WP.No.30286 of 2025 Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri KLN Swami, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance for respondents 2, 4, 9 and 10 and Sri Hruthik, learned counsel representing Sri M. Sudhir, learned standing counsel for respondents 5 and 6. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of ₹16,86,234/- towards supply of material for the works executed i.e. „1) Providing SHP's at various places in Thummala Grama Panchayat of Repalle Mandal; 2) Providing pipeline from deep bore to Pavuru Rangarao (H) in Yanadisangam H/o Thummala Grama Panchayat of Repalle Mandal; 3) Providing pipeline from Puppala Sambaiah (H) to Ankamma Thalli Temple in Gadevaripalam H/O Thummala Grama Panchayat of Repalle Mandal; 4) Providing pipeline from Sri VM Ranga Statue Center to Gade Malleswari Rice Mill in Thummala H/O Thummala Grama Panchayat of Repalle Mandal; 5) Providing deep bore at Yanadisangam H/O Thummala Grama Panchayat of Repalle Mandal and 6) Soil filling at SWPC, shed site and Jungle clearance in Gadevaripalem, H/O Thummala, Grama Panchayat of Repalle Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up, Sri Hruthik learned counsel representing submitted the instructions of Panchayat Secretary of Thummala Grama Panchayat, whereby the authority has not disputed the supply of pipelines for execution of the aforementioned six works. The instructions further disclose as follows : “It is submitted that this Grama Panchayat already made payment to the 1st work i.e. ₹ 2,79,000/- and the balance amount for the remaining 5 works with an amount of ₹ 13,21,000/- will be paid to the petitioner on availability of funds as released by the 15th Finance Grant Commission". 4. A perusal of the said instructions would disclose that the petitioner has supplied material for execution of the aforementioned works, and the petitioner was paid an amount of ₹ 2,79,000/-, and the balance amount payable to the petitioner is ₹ 13,21,000/-. 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 supply of material/execution of the aforementioned works and the petitioner‟s entitlement for the balance amount of ₹13,21,000/-. 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 1 2025 SCC online SC 1400 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 Panchayat Secretary, Grama Panchayat, Thummala, Repalle Mandal, the Writ Petition is disposed of directing the respondents to release the balance amount of ₹13,21,000/- (Rupees Thirteen Lakhs Twenty One Thousand 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 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30286 of 2025 Date: 08.04.2026 IKN