IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY. THE TWENTY NINETH DAY OF JANUA TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE TARLADA WRIT PETITION NO: 277fi« r>F AMARAV ♦ W RAJASEKHAR RAO Between: N. Rajendra Prasad, S/o N. H.No.21-2-15/41.7th Road. SKD Colony Balamukunda Prasad . Adoni, Kurnool District aged 63 years, R/o ...PETITIONER AND 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 overnment. Finance Department, A.P. Secretariat, Velagapudi Amaravathi, Guntur District. 1- The State of Andhra Pradesh 3. The Commissioner. Panchayat Raj and Rural Development Department, Office at Nakkal Road. Suryarao Peta, Vijayawada 4. The District Collector (PRI Wing), Kurnool, District at Kurnool 5. The Superintending Engineer, r Compound. Kurnool, Kurnool District. 6. The Executive Engineer (FAC), 7. The Mandal Engineering Officer, Kurnool District. Panchayat Raj, Zilla Parishad , P.R.I. Division, Adoni, Kurnool District. Mandal Praja Parishad, Adoni Mandal, 8. The Chief Executive Officer, Kurnool District Zilla Parishad Compound, Kurnool that in'^'r" '"d^ffleTprayffig 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 to declare the action of the resporidents in total Pending amount of Rs.53,69,547/- in respect of Panchayat Raj work, the payment of M.Book.No.5802B vide Agreement No. /2023-24, Dated 19.08.2023 in respect of work for Providing BT Surface from the Road from Adoni Kurnool Road to K.Nagalapuram Village of Adoni Mandal in under 15*'" Finance Grant, Kurnool District(V) of Adoni Mandal for the material cost and the labour supplied by the petitioner In a villages under convergence funds in Adoni Mandal in Kurnool District and consequently to direct the respondents to release the total Pending amount of Rs. 53,69,547/-. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 release the Fund Transfer Orders for total Pending amount of Rs.53,69,547/-, the payment of M.Book.No.5802B, for the material cost and the labour supplied by the petitioner In a villages under convergence funds in Adoni Mandal in Kurnool District. Counsel for the Petitioner: SRI KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent Nos.1, 3 to 6: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.7 & 8: SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27768 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "....to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in total Pending amount of Rs.53,69,547/- in respect of Panchayat Raj work, the payment of M.Book.No.5802B vide Agreement No. 19.08.2023 in respect of work for “Providing ^T Surface from the Road from Adoni - Kurnool Road to K.Nagalapuram Village of Adoni Mandal in Kurnool District (V) of Adoni Mandal, under 15*^ Finance Grant, for the material cost and the labor supplied by the petitioner in a villages under convergence funds in Adoni mandal in Kurnool District, and consequently to direct the respondents to release the total Pending amount of Rs.53,69,547/-, and pass such other orders " /2023-24, Dated: Pithily, the Writ Petition is filed to direct the respondents for payment of amount due to the petitioner for the work executed. 2. The Hon’ble Apex Court in Union of India and others v. Puna Hinda\ observed in the following manner: 3. "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 \ '\ a i. (2021) 10 see 690 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." 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. 4. 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. 5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. 6. As a sequel thereto, Interlocutory Applications pending, if any^ shall stand closed. SOI- B CHITTI JOSEPH ASSISTANT REGISTRAR 1^. //TRUE COPY// SECTION OFFICER To, 1 One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC] 2. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Pnachayat 3. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb m HIGH COURT t)ATED:29/01/2025 ORDER WP.No.27768 of 2024 ^FAMOS^ 2 1 FEB 2025 ) . Current Section . ^ c> DISMISSING THE W.P. WITHOUT COSTS