APHC010079262025 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: 4373/2025 Between: 1. R CHIRANJEEVI, S/O. LATE R. RAMACHANDRAIAH, AGED ABOUT 54 YEARS, OCC CONTRACTOR, D.NO. 2-37, SURAMALA VILLAGE AND GP, KVB. PURAM MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3. THE EXECUTIVE ENGINEER, PANCHAYATI RAJ TIRUPATI, TIRUPATI DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, PRI, SUB-DIVISION, SATHYAVEDU, TIRUPATI. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. Page 2 of 5 ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of and final bill amounts of l).Rs. 1,70,249/-, (CFMS.No. 2023-9012109) 2). Rs.1,67,013/- (CFMS.No.2023-9012152) 3). Rs. 1,70,462/- (CFMS. No. 2023-9012151) 4). Rs. 1,70,464/- (CFMS.No. 2023-9012149) and 5). Rs. 1,67,050/- (CFMS.No.2023-9012147) then totally an amount of Rs. 8,45,238/- after finalizing the bills, payable to the petitioner in relation to the works i.e. 1). Construction of CC road from kavamma even temple to chiranjeevi house at Suramala GP of K.V.B. Puram Mandal, vide Agreement No./2023-24, dt.07-09-2023, 2). Construction of CC road from Chiranjeevi house to chinnaiah house at Suramala GP of K.V.B Puram mandal, vide Agreement No./2023-24, dt.07-09-2023, 3). Construction of CC road from srirama temple to Lakshamma hous of Suramala GP of K.V.B. Puram Mandal, vide Agreement No./2023-24, dt.07-09-2023, 4). Construction of CC road from Lakshamma house to korikala ravi house at suramala GP of K.V.B. Puram Mandal, vide Agreement No./2023-24, dt.07-09-2023, and 5). Construction of CC road in Suramala GP reach-1 of K.V.B. Puram Mandal, vide Agreement NO./2023-24, dt.07-09-2023, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amounts of 1). Rs. 1,70,249/-, (CFMS.No. 2023- 9012109) 2). Rs.l,67,013/- (CFMS.No.2023-9012152) 3). Rs.l,70,462/- (CFMS. No. 2023-9012151) 4). Rs. 1,70,464/- (CFMS.No.2023-9012149) and 5). Rs.1,67,050/- (CFMS.No.2023- 9012147) then totally an amount of Rs. 8,45,238/- with interest @12 PERCENT per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 consider for payment of balance amounts of 1). Rs. 1,70,249/-, (CFMS.No. 2023-9012109) 2). Rs. 1,67,013/- (CFMS.No.2023-9012152) 3). Rs. 1,70,462/- (CFMS. No. 2023-9012151) 4). Rs. 1,70,464/- (CFMS.No. 2023-9012149) and 5). Rs. 1,67,050/ {CFMS.No.2023-9012147) then totally amount of Rs. 8,45,238/-an even after finalizing the bills, payable to the petitioner in relation to the works i.e. 1). Construction of CC road from kavamma temple to chiranjeevi house at Suramala GP of K.V.B. Puram Mandal, vide Agreement No./2023-24, dt.07-09-2023, 2). Construction of CC road from Chiranjeevi house to chinnaiah house at Suramala GP of K.V.B Puram mandal, vide Agreement No./2023-24, dt.07-09-2023, 3). Copstruction of CC road from srirama temple to Lakshamma hous of Suramala GP of K.V.B. Puram Mandal, vide Agreement No./2023-24, dt.07-09-2023, 4). Construction of CC road from Lakshamma house to korikala ravi house at suramala GP of K.V.B. Puram Mandal, vide Agreement No./2023-24, dt.07-09-2023, and 5). Construction of CC road in Suramala GP reach-1 of K.V.B. Puram Mandal, vide Agreement NO./2023-24, dt.07-09-2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 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 Suresh Kumar Reddy Kalava, 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 withholding the payment of first and final bill amounts for five different works, totaling an amount of Rs.8,45,238/- even after 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 3rd respondent. 4. A perusal of the said instructions would disclose that the total value of the five different works done by the petitioner is Rs.9,64,600/- and the net amount payable to the petitioner after statutory recoveries of Rs.1,19,362/- comes to Rs.8,45,238/-. The written instructions are made as part of the record. 5. The petitioner has paid single Court fee of Rs.100/- against five different and distinct 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. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.8,45,238/-. 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 1 2025 SCC online SC 1400 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 3rd respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.8,45,238/-(Rupees Eight Lakhs Forty Five Thousand Two Hundred and Thirty Eight 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