APHC010042272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 2988/2026 Between: 1. SHAIK ALTHAF BASHA, S/O SHAIK HUMAYUN, OCC CONTRACTOR, AGED 48 YEARS, DOOR NO. 24/84, ROTTELA STREET, RAMAIAH SCHOOL, MULAPET, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS. PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522238 3. THE CHIEF ENGINEER, MINOR IRRIGATION, WRD, VIJAYAWADA, NTR DISTRICT. 520001 4. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 524001 5. THE DEPUTY EXECUTIVE ENGINEER, KANUPURU CANALSUB- DIVISION,VENKATACHALAM SPSR NELLORE DISTRICT. 524001 6. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SECTION .SARVEPALLI, SPSR NELLORE DISTRICT 524001 2 SRK, J WP.No.2988 of 2026 ...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 to issue a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in paying the bill amount Rs. 8,34,261/- in pursuance of work Excavation of boundary trench and fixing of boundary stones for fore shore of Nandigunta Tank in SPSR Nellore District as illegal, arbitrary andarea against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs. 8,34,261/- to the petitioner pertaining to the said work along with interest @ 24 percentage per annum from the date of submission of the Bill by the Petitioner to till the date of actual payment and to pass IA NO: 1 OF 2026 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 and pay the bill amount of Rs. 8,34,261/- to the Petitioner pertaining to the Excavation of boundary trench and fixing of boundary stones for fore shore area of Nandigunta Tank in SPSR Nellore District and to pass Counsel for the Petitioner: 1. SOURI BABU DUPPATI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 SRK, J WP.No.2988 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in paying the bill amount Rs. 8,34,261/- in pursuance of work Excavation of boundary trench and fixing of boundary stones for fore shore of Nandigunta Tank in SPSR Nellore District as illegal, arbitrary andarea against the principles of natural justice and violation of Article 14 of the Constitution of India and to direct the respondents to pay the bill amount of Rs. 8,34,261/- to the petitioner pertaining to the said work along with interest @ 24 percentage per annum from the date of submission of the Bill by the Petitioner to till the date of actual payment and pass such other order…” 2. Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Irrigation and the learned Assistant Government Pleader for Finance. 3. The petitioner claims to be a registered contractor. He was entrusted with the work titled O&M Category-A (2020-21) – Excavation of boundary trench and fixing of boundary stones for fore shore area of Nandigunta Tank in SPSR Nellore District vide Agreement No.142/O&M/DN/2020-21. It is the case of the petitioner that he executed the work to the satisfaction of the authorities concerned, and upon completion of the work, the respondent authorities measured the same and recorded the measurements in the Measurement Book. 4. It is the grievance of the petitioner that notwithstanding the completion of the work and its measurement by the competent authorities, the amount due towards the executed work has not been paid till date. According to the petitioner, although the work was completed long back, the respondent authorities are not releasing the admitted amount payable to him. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition. 4 SRK, J WP.No.2988 of 2026 5. Learned Assistant Government Pleader for Irrigation, on written instructions, from the Executive Engineer, Nellore Central Division, Nellore, submits that there is no dispute with regard to the execution of the subject work by the petitioner. He further submits that the petitioner is entitled to an amount of Rs.8,34,261/-. He further submits that the bills for the works connected to this Writ Petition could not be uploaded in NIDHI portal, due to non-availability of sufficient funds. After getting the additional budget, the said bill will be uploaded in NIDHI portal for payment. The written instructions are placed on record. 6. 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. Having regard to the fact that there is no dispute with regard to the work executed by the petitioner and the amount payable to him, and in view of the submissions of the learned Assistant Government Pleader for Irrigation, the respondent authorities are directed to pay the admitted amount of Rs.8,34,261/- to the petitioner within a period of Eight (8) weeks from the date of receipt of a copy of this order. 1 2025 SCC OnLine SC 1400 5 SRK, J WP.No.2988 of 2026 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 15.09.2026. MS / VS 6 SRK, J WP.No.2988 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:2988 of 2026 Date: 15.09.2026 MS