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2025 DAILYLAW 43632 (AP)

MAKKINA SANKARAIAH v. THE STATE OF AP

WP/1750/2025 · 2025-01-23

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010609762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31750/2025 Between: 1. LAGADAPATI HANUMANTHA RAO, LAGADAPATI HANUMANTHA RAO, S/O. GALAIAH, AGED 60 YEARS, R/O. 2-131, KOTHA ZADDAVARIPALEM VILLAGE NUZENDIA MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NH -16 TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR PANCHAYAT WING, PALANADU DISTRICT, NARASARAOPET. 5. THE CHIEF EXECUTIVE OFFICER, GUNTUR ZILLA PARISHAD, GUNTUR 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, NUZENDIA MANDAL, PALANADU DISTRICT. 7. THE EXECUTIVE ENGINEER, PRI DIVISION NARASARAOPET, PALANADU DISTRICT. Page 2 of 6 8. THE KOTHA ZADDAVARIPALEM GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY KOTHA ZADDAVARIPALEM VILLAGE NUZENDIA MANDAL, PALANADU 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 not paying Bill Amounts along with interest at the rate of 12percentage per annum towards the cost of material supplied and skilled ad semi-skilled labour engaged by the petitioner for execution of Work ID Nos. 077054407006080025 for an amount of Rs. 36,382/-, 077054407006080031 for an amount of Rs. 92,333/-, 077054407006080032 for an amount of Rs. 1,37,584/-, 077054407006080035, for an amount of Rs. 92,080/- ,077054407006080050 for an amount of Rs. 1,79,109/- ,077054407006080051 for an amount of Rs. 1,38,297/- and077054407006080053 and for an amount of Rs. 92,000/- covered byNRUM (10percenage) funds executed in Kotha Zaddavaripalem Gram Panchayat of Nuzendia Mandal, in spite of the order passed by this Honble Court dated 27.06.2022 passed in W.P. No. 16472 of 2022 as illegal, arbitrary, irresponsible, against to the principles of natural justice apart from being violative of Article 21 of the Constitution of India and consequentially direct the respondents to pay the above amounts forthwith along with interest at the rate of 12percentage per annum in the interest of justice 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 to release the bill amounts pertaining to cost of material supplied and skilled and semi-skilled labour engaged by the petitioner for execution of Work ID Nos. 077054407006080025 for an amount of Rs. 36,382/-,077054407006080031 for an amount of Rs. 92,333/-, 077054407006080032 for an amount of Rs. 1,37,584/-, 077054407006080035, for an amount of Rs. 92,080/-, 077054407006080050 for an amount of Rs. 1,79,109/-, 077054407006080050 for an amount of Rs. 1,79,109/-, 077054407006080051 for an amount of Rs. 1,38,297/- and 077054407006080053 and for an amount of Rs. 92,000/- covered byNRUM (10percentage) funds executed in Kotha Zaddavaripalem Gram Panchayat of Nuzendia Mandal pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1 to 5 and 7 and Sri M. Sudhir, learned standing counsel for respondents 6 and 8. 2. The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.7,67,785/- payable to the petitioner in relation to seven works executed by the petitioner vide work ID Nos. 077054407006080025, 077054407006080031, 077054407006080032, 077054407006080035, 077054407006080050, 077054407006080051 and 077054407006080053, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.7. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.6,98,480/-. The written instructions are made as part of the record. Page 4 of 6 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for an amount of Rs.6,98,480/-. 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.”. 7. Given the instructions furnished by respondent No.7, the Writ Petition is disposed of directing the respondents to release the amount of Rs.6,98,480/- (Rupees Six Lakhs Ninety Eight Thousand Four Hundred and Eighty only) payable to the petitioner regarding execution of the aforementioned works, within three (03) 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: 02.02.2026 IKN 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31750 of 2025 Date: 02.02.2026 IKN