APHC010489672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25228/2024 Between: M/s Penusila Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3. GP FOR MUNCIPAL ADMN URBAN DEV 4. GP FOR HOUSING 5. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in withholding the payment of Rs.88,81,384/-, in relation to the works done by the petitioner i.e. (1) providing temporary water supply for SRS,J W.P.No.25228 of 2024 construction activity under Pedalandariki Illu at A Jaganna Colony at Kotha Singapeta – 59 plots in Alluru Nagara Panchayat – Layout ID – 091502LA107416, (2) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at Ramapuram – 104 Plots allure Nagara Panchayat – Layout ID – 09153LA001407, (3) Providing temporary water supply for construction of activity under pedalandariki Illu at A Jaganna Colony at Alluru – 451 plots in Alluru Nagara Panchayat – Layout ID – 09153LA001417, (4) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at North Mopuru – 32 plots in Alluru Nagara Panchayat – Layout ID – 091510LA107413, (5) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at Alluru(H/W) - 56 plots in Alluru Nagara Panchayat – Layout ID – 091503LA107401, (6) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at Chowtapalem (Allur Peta) Village – 165 plots in Alluru Nagara Panchayat – Layout ID – 091503LA107382, (7) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at Raya Peta – 24 plots in Alluru Nagara Panchayat – Layout ID – 091503LA107404, (8) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at Singapeta Main – 128 plots in Alluru Nagara Panchayat – Layout ID – 09152LA001425, (9) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at Tailors colony – 218 plots in Alluru Nagara Panchayat – Layout ID – 091503LA107383 and (10) Providing temporary water supply for construction activity under Pedalandariki Illu at A Jaganna Colony at North Mopuru – 92 plots in Alluru Nagara Panchayat – Layout ID – 091510LA001413, is illegal and arbitrary. 2. Heard Ms. 2. Heard Ms. K. Devasri Rohan, learned counsel for the petitioner and Sri Srikanth, learned Assistant Government Pleader for Municipal SRS,J W.P.No.25228 of 2024 Administration and Urban Development appeared for respondents 1 & 4 and Sri Somaraju, learned Assistant Government Pleader for Housing Department, appeared for respondents 2, 3 & 5 and Sri K. Krishna Kumar, learned Assistant Government Pleader appeared for respondent No.7. 3. Learned counsel for the petitioner would submit that the respondent authorities have released an amount of Rs.19,77,199/- and the remaining amount payable is of Rs.88,81,384/-. 4. A counter affidavit was filed on behalf of respondent No.5. Para No.5 of the counter affidavit is extracted herewith: “In this connection, the Executive Engineer, Public Health, Nellore, has recorded the value of the work done in the M. Books as Rs.1,08,58,583/- and submitted the corresponding bill proposals via Lr.No.NPI/T.W.S/Allur GP/2024/495m, dated 28.08.2024, to the District Heal Housing, APSHCL, SPSR Nellore. It was also stated that an amount of Rs.19,77,199/- has already been released, and a request was made for the release of the remaining withheld amount of Rs.88,81,384/-.” 5. Thus, as seen from the averments made in the counter affidavit, there is no dispute regarding the execution of work and the petitioner’s entitlement. In fact, the part payment of Rs.19,77,199/- was already made. Since there is no dispute regarding the petitioner’s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors. (In SLP (C) No.14350/2022) 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.” SRS,J W.P.No.25228 of 2024 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both the learned counsel, directing the respondent authorities to pay the amount of Rs.88,81,384/- to the petitioner regarding the execution of the aforementioned works, within four (04) months. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 07.05.2025 TVN SRS,J W.P.No.25228 of 2024 245 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.25228 OF 2024 Date : 07.05.2025 TVN