APHC010474102025 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: 25151/2025 Between: 1. SRI DHARMA SHASTA CONTRACTORS, OFFICE AT D. NO. 18-91, KONDAPETA, BANAGANAPALLE, NANDYAL DISTRICT, ANDHRA PRADESH - 518 124 REP. BY ITS MANAGING PARTNER APPAJU MURALIMOHAN RAO ...PETITIONER AND 1. THE STATE OF AP, DEPARTMENT OF PRANDRD, RWS, EFSAND T, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF FINANCE, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, NANDYAL, NANDYAL DISTRICT. 4. THE EXECUTIVE ENGINEER, PR(PIU) DIVISION, BANAGANAPALLI. 5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, BANAGANAPALLI. 6. THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNT, KURNOOL, KURNOOL DISTRICT 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNT, NANDYAL, NANDYAL 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 topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in withholding the payments amounting to Rs. 63,59,257.00/- (Rupees Sixty three lakhs fifty nine thousands two hundred and fifty seven) even after successful completion of the work and after finalizing the bills in connection with a. Providing internal CC roads in Khajiwada of Banaganapalle Mandal having Measurement Book no. 3043-A which was sanctioned by way of Progs. Rc No. 114/GGMP/BPL-18/DySo(1)/2022 dated 08.02.2024 of the District Collector and Magistrate, Chairman DMFT, Kurnool district, b. Providing CC road from Maramma Temple to Satram road and other internal roads in main village of Mettupalli of Owk Mandal in Nandyal district having Measurement Book no. 3070-A which was sanctioned by way of Progs. No. 114/GGMP/Owk-21/DYSO(1)/2022 dated 22.09.2023 of the District Collector, Nandyal district . Providing internal CC roads in Salapeta at lluru Kothapeta Village of Banaganapalle Mandal in Nandyal District having Measurement Book no. 3243-A which was sanctioned by way of Progs. No. 114/GGMP/Bethamcherla-2009/DySO(1)2022 dated 20.01.2023 of the District Collector, Nandyal. d. Providing CC road from Allabakash house to Mohammed Rafi house at Appalapuram Village having Measurement Book no. 3046-A which was sanctioned by way of Progs. Rc.No. 114/GGMP/BPL- /18DyS0(1) dated 21.12.2022 from the District Collector, Nandyal.5 e. Providing CC road with side drains from Chenchanna house to Cheruvupalli road and other internal road in housing colony at Nandavaram Village of Banaganapalle Mandal having Measurement Book no. 3241-A which sanctioned by way of Progs. No. 114/GGMP/Banaganapalli- 18/DYSO(1)/2022 dated 06.10.2023 of the District Collector, Nandyal. f. Providing CC road from Noor Basha house to Tailor Babu house in Eidgah nagar of Banaganapalle Village and Mandal having Measurement Book no. 3255-A which was sanctioned by way of Progs. No. 114/GGMP/Banaganapalli-18/DYSO(1)/2022 dated 08.02.2024 of the District Collector, Kurnool. g. Providing CC roads with side drains from GP Office building to Church in main village at Gundia Singavaram Village of Owk Mandal in Nandyal District having Measurement Book no. 3082-A which was sanctioned by way of Progs. No. 114/GGMP/Owk-212/DYSO(1)/2022 dated 16.01.2024 of the District Collector and Magistrate, Kurnool as violative of Articles 14 and 21 of Constitution of India and declare the actions of the Respondents as illegal, arbitrary, improper, unjust and consequently direct the respondents to pay the amounts of Rs. 63,59,257.00/- (Rupees Sixty three lakhs fifty nine thousands two hundred and fifty seven) with interest 12percentage per annum for the delayed amount till date of realization 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 pleased to DIRECT the Respondents in releasing funds amounting to Rs. 63,59,257.00/- (Rupees Sixty three lakhs fifty nine thousands two hundred and fifty seven) even after successful completion of the work and after finalizing the bills in connection with (a) Providing internal CC roads in Khajiwada of Banaganapalle Mandal having Measurement Book no. 3043-A which was sanctioned by way of Progs. Rc No. 114/GGMP/BPL- 18/DySo(1)/2022 dated 08.02.2024 of the District Collector and Magistrate, Chairman DMFT, Kurnool district, (b) Providing CC road from Maramma Temple to Satram road and other internal roads in main village of Mettupalli of Owk Mandal in Nandyal district having Measurement Book no. 3070-A which was sanctioned by way of Progs. No. 114/GGMP/Owk- 21/DYSO(1)/2022 dated 22.09.2023 of the District Collector, Nandyal district, (c) Providing internal CC roads in Salapeta at lluru Kothapeta Village of Banaganapalle Mandal in Nandyal District having Measurement Book no. 3243-A which was sanctioned by way of Progs. No. 114/GGMP/Bethamcheria-2009/DySO( 1)2022 dated 20.01.2023 of the District Collector, Nandyal. (d) Providing CC road from Allabakash house to Mohammed Rafi house at Appalapuram Village having Measurement Book no. 3046-A which was sanctioned by way of Progs. Rc.No. 114/GGMP/BPL- /18DyS0(1) dated 21.12.2022 from the District Collector, Nandyal. (e) Providing CC road with side drains from Chenchanna house to Cheruvupalli road and other internal road in housing colony at Nandavaram Village of Banaganapalle Mandal having Measurement Book no. 3241-A which was sanctioned by way of Progs. No. 114/GGMP/Banaganapalli- 18/DYSO(1)/2022 dated 06.10.2023 of the District Collector, Nandyal. (f) Providing CC road from Noor Basha house to Tailor Babu house in Eidgah nagar of Banaganapalle Village and Mandal having Measurement Book no. 3255-A which was sanctioned by way of Progs. No. 114/GGMP/Banaganapalli-18/DYSO(1)/2022 dated 08.02.2024 of the District Collector, Kurnool. g) Providing CC roads with side drains from GP Office building to Church in main village at Gundia Singavaram Village of Owk Mandal in Nandyal District having Measurement Book no. 3082-A which was sanctioned byway of Progs. No. 114/GGMP/Owk-212/DYSO(1)/2022 dated 16.01.2024 of the District Collector and Magistrate, Kurnool (Respondent No.3 herein) along with intertest 12percentage per annum and pass Counsel for the Petitioner: 1. VARUN BYREDDY 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 Varun Byreddy, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance and Planning for the respondents 1, 2, 4 to 7, and Ms. Usha, learned Assistant Government Pleader for Revenue for the 3rd respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.63,59,257/- payable to the petitioner in relation to the works executed i.e., i) Providing internal CC roads in Khajiwada of Banaganapalle Mandal, ii) Providing CC road from Maramma Temple to Satram road and other internal roads in main village of Mettupalli of Owk Mandal, iii) Providing internal CC roads in Salapeta at Iluru Kothapeta Village of Banagannapalle Mandal, iv) Providing CC road from Allabakash house to Mohammed Rafi house at Appalapuram Village in Banaganapalle Mandal, v) Providing CC road with side drains from Chenchanna house to Cheruvupalli road and other internal road in housing colony at Nandavaram Village of Banaganapalle Mandal, vi) Providing CC road from Noor Basha house to Tailor Babu house in Eidgah nagar of Banaganapalle Village and Mandal, and vii) Providing CC roads with side drains from GP office building to Church in main village at Gundia Singavaram Village of Owk Mandal, as illegal and arbitrary. Page 5 of 7 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer (FAC), PR(PIU) Division, Nandyal dated 06.04.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.58,69,967/- and the net amount payable to the petitioner after statutory deductions of Rs.5,04,145/-, is Rs.53,65,822/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. The petitioner has paid a Court Fee of only Rs.100/-, and the petitioner shall pay the deficit Court Fee of Rs.600/- within one week from the receipt of the order copy and file a memo to that effect, failing which the Registry will take necessary steps for payment of the deficit Court Fee. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for Rs.53,65,822/-. 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.” 1 2025 SCC online SC 1400 8. Given the instructions furnished by the Executive Engineer (FAC), PR(PIU) Division, Nandyal, the Writ Petition is disposed of directing the respondents to release the amount of Rs.53,65,822/- (Rupees Fifty Three Lakhs Sixty Five Thousand Eight Hundred and Twenty Two 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: 07.04.2026 SNI 210 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25151 of 2025 Date: 07.04.2026 SNI