4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATro.: 3 I \ - WEDNESDAY, THE TWEI^TY NINETH DAY OF JANUARY ^4-.- TWO THOUSAND AND TWENTY FIVE (Special Original Jurisdiction) 50 / PRESENT- ^ THE HONOURABLE SRi JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 346 OF 2025 Between: FFRajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41, 7'^ Road, SKD Colony, Adoni, Kurnool District. ...petitioner AND VThe State of Andhra Pradesh, Rep by its Principal Secretary to Government Panchayat Raj AND Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary to X Government Finance Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, PRI) Panchayat Raj And Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. 4. The District Collector, (Panchyat Raj Wing) Kurnool, at Kurnool District. “3. The Executive Engineer, PRI Division Adoni, Kurnool District. 6. NagalapuramGrama Panchayat, NagalapuramVillage, Adoni (M), Kurnool District. y7. Mandal Engineer Officer, MPP, Adoni (M), Kurnool District. ...Respondents 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction part of the respondents herein not releasing the final bill amount worth of Rs. 4,28,024/- in M.Book No. 5317 A vide Agreement dated 27.01.2024, for which the name of work Providing CC Road from Koulutalappa (H) to on 4 Peeramma (H) in with interest of execution of was Nagalapuram (V) of Adoni (M) BIT-II completion of GGMP Work under PRI department agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and I. consequentially to direct the respondents releasing the final bills of total amount worth of Rs.4,28,024/- for execution of completion of GGMP Work under PRI Department as per agreement, to the petitioner forthwith. lA NO: 1 OF 2025 as per 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 respondents releasing the Final Bill amount of Rs.4,28,024/- for execution of completion of GGMP work under PRI Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOMMA VIJAYA RAJ KUMAR Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondents: GP FOR FINANCE & PLANNING Counsel for the Respondents: SRI M. SUDHEER, SC for GRAM PANCHAYAT The Court made the following order: THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 346 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "...pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.4,28,024/- in M.Book No.5317 A vide Agreement dated 27.01.2024, for which the name of work was “Providing CC Road from Koulutalappa (H) to Peeramma (H) in Nagalapuram (V) of Adoni (M) BIT-II, with interest of execution of completion of GGMP Work under PRI department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 & 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.4,28,024/- for execution of completion of GGMP Work under PRI Department as per agreement, to the petitioner forthwith, and to pass such other order or orders " 2. Pithily, the Writ Petition is filed to direct the respondents for payment of amount due to the petitioner for the work executed. 3. The Hon’ble Apex Court in Union of India and others v. Puna Hinda\ observed in the following manner: (2021) 10 see 690 2 "Though, the jurisdiction of the High Court is wide but in respect of pure contractual matters In the field of private law, having no statutory flavour, are better adjudicated upon by the forum agreed to by the parties. The dispute as to whether the amount is payable or not and/or how much amount is payable are disputed questions of facts. There Is no admission on the part of the appellants to infer that the amount stands crystallized. Therefore, in the absence of any acceptance of Joint Survey Report by the competent authority, no right would accrue to the writ petitioner only because measurements cannot be undertaken after passage of time. May be, the resurvey cannot take place but the measurement books of the work executed from time to time would form a reasonable basis for assessing the amount due and payable to the writ petitioner, but such process could be undertaken only by the agreed forum i.e., arbitration and not by the Writ Court as it does not have the expertise in respect of measurements or construction of roads." 4. Set apart even if the liability is admitted by the Government, this Court cannot issue direction under Article 226 of the Constitution of India to compel it to make the payment of such dues. The only remedy open to the person aggrieved is either to approach the civil court for necessary relief or to get the matter referred to the Arbitrator, if there is such a clause under the contract. Writ is not a remedy in such cases. 5. Therefore, in view of the judgment of the Hon’ble Apex Court the relief prayed by the petitioner cannot be granted by this Court. They have to approach either the civil court or before the authority as per the agreement. 3 V Accordingly, the Writ Petition is dismissed. There shall be no 6. order as to costs. As a sequel thereto, Interlocutory Applications pending, if any shall stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER V One CC to Sri Komma Vijaya Raj Kumar, 1. One CC to Sri M. Sudheer, SC for Gram Advocate [OPUC] Panchayat [OPUC] 4- to GP for Finance & High Court of Planning, High Court of Andhra Pradesh. 5. TweTCD Copies RAM # HIGH COURT i t DATED:29/01/2025 ORDER 1 o WP.No.346 of 2025 * 21 FEB 2025 ^ ■ Current Sectior ★ DISMISSING THE WP WITHOUT COSTS