APHC010613962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32431/2025 Between: 1. MASIMUKKULA SUBRAHMANYAM, S/O.M.NAGESWARA RAO, AGED ABOUT 34 YEARS, OCC CONTRACTOR, R/O. D.NO.4-10, BOLLEDDUPALEM, KORUKONDA MANDAL, EAST GODAVARI DISTRICT, AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, AP 4. THE EXECUTIVE ENGINEER, PRI DIVISION, RAJAMAHENDRAVARAM, AP 5. THE PAY AND ACCOUNTS OFFICER FINANCE DEPARTMENT, WORKS AND PROJECTS, DOWLESWARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...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 amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 5 works 1.Construction of CC road from 1) KallaSubba Rao H to Nakka Surya Rao H, 2) OHSR to Puppala Rambabu (H) at Bolleddupalem (V) of /2023-24 dt -02-2024,Korukonda(M) under Agreement No. //. Construction of CC road from Sai Baba Temple to Burrial Ground (Bill) at Bolleddupalem (v) of Korukonda(M)under an Agreement no. /2023-24 dt 15-02-2024, III. Construction of CC road from Sai Baba Temple to Burrial Ground (Bit.2) at Bolleddupalem (v) of Korukonda (M) under an Agreement no. /2023-24 dt 15-02-2024, IV. Construction of CC road from Sai Baba Temple to Burial Ground (Bit.3) at Bolleddupalem (v) of Korukonda(M)under an Agreement no./2023-24 dt 15-02-2024, V.Construction of CC road from DakarapuGaneswara Rao H to Alavala Venkata Rama Rao (H) at Bolleddupalem (v) of Korukonda fMjunder an Agreement no. /2023-24 dt 15-02-2024, respectively for Gadapa Gadapaku Mana Prabhutvam programme and for consequential direction seeking direction to the respondents to release the final bill amounts forthwithalong with the interest payable to the petitioner on the principal amount and pass 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 amounts of Rs.2,58,490/-, Rs.3,89,909/- ,Rs.3,89,934/-, Rs.2,98,641/-, and Rs.2,54,217/-payable to the petitioner for the works i.e., payable to the petitioner after the successful completion of the execution of 5 works i.e., : I.Construction of CC road from 1) KallaSubba Rao H to Nakka Surya Rao H, 2) OHSR to Puppala Rambabu (H) at Bolleddupalem (V) of /2023-24 dt 2-2024,Korukonda(M) under Agreement No. II. Construction of CC road from Sal Baba Temple to Burrial Ground (BitI) at Bolleddupalem (v) of Korukonda(M)un6er an Agreement no. /2023-24 dt; 15-02-2024, III. Construction of CC road from Sal Baba Temple to Burrial Ground (Bit.2) at Bolleddupalem (v) of Korukonda (M) under an Agreement no. /2023-24 dt: 15-02-2024, IV. Construction of CC road from Sai Baba Tempie to Burriai Ground (Bit.3) at Boileddupaiem (v) of Korukonda(M)under an Agreement no. ./2023-24 dt 15-02-2024, V.Construction of CC road from DakarapuGaneswara Rao H to Alavaia Venkata Rama Rao (H) at Bolieddupalem (v) of Korukonda (M)under an /2023-24 dt 15-02-2024, respectively for GadapaAgreement no. Gadapaku Mana Prabhutvam programme immediately, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. YASWANTH GADE 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 G.Yashwanth, 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 amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of aforementioned 5 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 4th respondent. 4. A perusal of the said instructions would disclose that the total value of the work done by the petitioner is Rs.19,28,984/- and the net amount payable to the petitioner after statutory recoveries of Rs.1,49,795/- comes to Rs.17,79,189/-. The written instructions are made as part of the record. 5. The petitioner has paid single Court fee of Rs.100/- against different works. Learned counsel for the petitioner undertakes to pay the deficit Court fee within one week from the date of receipt of the copy of the order and file a memo to that effect. The same is recorded. Page 4 of 4 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.17,79,189/-. 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 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.17,79,189/- (Rupees Seventeen Lakhs Seventy Nine Thousand One Hundred and Eighty Nine 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