APHC010355552025 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: 18243/2025 Between: 1. SUNKARA SATYANARAYANA, S/O. LATE DEMUDU, AGED 50 YEARS, OCC CONTRACTOR, R/O. H.NO. 1-9, MAIN ROAD, BUCHAYYAPETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY AGRICULTURE AND COOPERATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 6. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. 7. EXECUTIVE ENGINEER, PANCHAYAT RAJ (PR) PIU DIVISION, VISAKHAPATNAM,VISAKHAPATNAM 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 toIt is therefore prayed that this Honble court may be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs 41,67,883/- even after finalizing the bills, payable to the petitioners in relation to the works i.e., Package No APAM/AKP/Chodavaram/07B Consisting of 3 Nos of Road Works in Chodavaram and Butchayyapeta Mandals in Anakapalli District through the Agreement No. /2023-24, dated 11.10.2023 and Supplemental Agreement No. /A/202324, Dt. -02-2025 for an amount of Rs 41,67,883/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs 41,67,883/- forthwith and pass such order are orders that the Honourable Court may deem fit and proper in the interest of justice. Prayer is amended as per the Court's Order dt.24.11.2025 in I.A.No.02 of 2025. 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 pleased to direct the respondents to consider for payment of amount of Rs.31,65,698/- to the petitioner in respect of execution of work i.e.. Package No. APAM/AKP/Chodavaram/07B Consisting of 3 Nos of Road Works in Chodavaram and Butchayyapeta Mandals in Anakapalli District through the Agreement No. /2023-24, dated 11-10-2023 and Supplemental Agreement No. /A/2023-24, Dt. -02-2025 for an amount of Rs.31,65,698/- forthwith pending disposal of the main Writ Petition and pass 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 pleased to permit the petitioner to amend the Prayers in as well as interim prayer in WP. No. 18243/2025 Original Prayer in the WP It is therefore prayed that this Hon’ble court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.31,65,698/- even after finalizing the bills, payable to the petitioners in relation to the works i.e.. Package No. APAM/AKP/Chodavaram/07B Consisting of 3 Nos of Road Works in Chodavaram and Butchayyapeta Mandals in Anakapalli District through the Agreement No. /2023- 24, dated 11-10-2023 and Supplemental Agreement No. /A/2023-24, Dt. -02-2025 for an amount of Rs.31,65,698/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.31,65,698/- forthwith and pass such order are orders that the Honourable Court may deem fit and proper in the interest of justice. Original Interim praver It is therefore prayed that this Hon’ble court may be pleased to direct the respondents to consider for payment of amount of Rs.31,65,698/- to the petitioner in respect of execution of work i.e.. Package No. APAM/AKP/Chodavaram/07B Consisting of 3 Nos of Road Works in Chodavaram and Butchayyapeta Mandals in Anakapalli District through the Agreement No. /2023- 24, dated 11-10-2023 and Supplemental Agreement No. /A/2023-24, Dt. -02-2025 for an amount of Rs.31,65,698/- forthwith pending disposal of the main Writ Petition and pass such further order or orders as this Hon’ble court may deem fit and proper in the circumstance of the case. Main Praver to be amended as It is therefore prayed that this Hon’ble court may be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.41,67,883/- even after finalizing the bills, payable to the petitioners in relation to the works i.e.. Package No. APAM/AKP/Chodavaram/07B Consisting of 3 Nos of Road Works in Chodavaram and Butchayyapeta Mandals in Anakapalli District through the Agreement No. /2023- 24, dated 11-10-2023 and Supplemental Agreement No. /A/2023-24, Dt. -02-2025 for an amount of Rs. 41,67,883/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 41,67,883/- forthwith and pass such order are orders that the Honourable Court may deem fit and proper in the interest of justice Interim Prayer to be amended as It is therefore prayed that this Hon’ble court may be pleased to direct the respondents to consider for payment of amount of Rs. 41,67,883/- to the petitioner in respect of execution of work i.e.. Package No. APAM/AKP/Chodavaram/07B Consisting of 3 Nos of Road Works in Chodavaram and Butchayyapeta Mandals in Anakapalli District through the Agreement No. /2023- 24, dated 11-10-2023 and Supplemental Agreement No. /A/2023-24, Dt. -02-2025 for an amount of Rs. 41,67,883/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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 Rambabu Koppineedi, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.41,67,883/-, payable to the petitioner in relation to the works i.e., Package No.APAM/AKP/Chodavaram/07B, consisting of 3 road works in Chodavaram and Butchayyapeta Mandals of Anakapalli District, vide Agreement No…/2023-24 dated 11.10.2023 and Supplemental Agreement No…/A/2023- 24, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner and the 6th respondent entered into an agreement vide Agreement No…/2023-24, dated 11.10.2023 and Supplemental Agreement No…/A/2023-24 to execute the work. Thereafter, the petitioner executed the works. However, the respondents failed to release the amount. 4. The 7th respondent filed a counter-affidavit. In para-7, it was stated as follows: “It is respectfully submitted that, with regard to Agreement No.Nil/2023-24 dated 11.10.2023 of the SE, P.R Circle, Visakhapatnam the Gross amount is Rs.51,05,300/- after the statutory deductions including Quality Control Recoveries, that the net amount is payable to the petitioner is Rs.45,56,961/-.” 5. Thus, as seen from the counter-affidavit filed by the 7th respondent, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.45,56,961/-. 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 facts and circumstances, the Writ Petition is disposed of directing the respondents to release the amount of Rs.45,56,961/- (Rupees Forty Five Lakhs Fifty Six Thousand Nine Hundred and Sixty one only) payable to the petitioner regarding execution of aforementioned works, within five (05) 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: 16.04.2026 SNI 1 2025 SCC online SC 1400 108 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18243 OF 2025 Date: 16.04.2026 SNI