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2026 DAILYLAW 11397 (AP)

TADIPARTHI SAI KRISHNA REDDY v. THE STATE OF ANDHRA PRADESH

WP/24656/2026 · 2026-09-20

K Sreenivasa Reddy

body2026

Judgment text

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APHC010450312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 24656 OF 2026 Between: 1. TADIPARTHI SAI KRISHNA REDDY, S/o Veerareddy aged 41 years Occupation Contractor Residing at H. No. 4-36 T Sundur Guntur District 522318 ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Water Resources Department Secretariat Buildings Velagapudi Amaravati Guntur District 522238 2. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Finance 86 Planning Secretariat Buildings Velagapudi Amaravati Guntur District 522238 3. THE CHIEF ENGINEER, N.S. Project Guntur District 522004 4. THE SUPERINTENDING ENGINEER NSJC O and M Circle, Lingamguntla Narasaraopet Palnadu District 522601 5. THE EXECUTIVE ENGINEER NSJC O and M Division, Sattenapalli Palnadu District 522403 6. THE ASSISTANT PAY 86 ACCOUNTS OFFICER, Work Accounts Lingamguntla Palnadu District 522601 2 SRK, J W.P.No.24656 of 2026 ...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 toissue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in withholding the payments of Rs. 1,51,854 Rupees One Lakh Fifty-One Thousand Eight Hundred and Fifty-Four Only payable to the petitioner for the works executed by the petitioner as illegal arbitrary improper unjust and against the Articles 14 and 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 1,51,854 Rupees One Lakh Fifty-One Thousand Eight Hundred and Fifty-Four Only payable to the petitioner for the works executed by the petitioner 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 direct the respondents to consider the representation of the petitioner dated 08/08/2026 and to release the withholding bill amount payable to the petitioner to a tune of Rs. 1,51,854 Rupees One Lakh Fifty-One Thousand Eight Hundred and Fifty-Four Only pending disposal of the above writ petition Counsel for the Petitioner: BANDLA PAVAN Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following order: 3 SRK, J W.P.No.24656 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “…to issue a writ or order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in withholding the payments of Rs. 1,51,854/- (Rupees One Lakh Fifty-One Thousand Eight Hundred and Fifty-Four Only), payable to the petitioner, for the works executed by the petitioner as illegal, arbitrary, improper, unjust and against the Articles 14 and 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.1,51,854/- (Rupees One Lakh Fifty-One Thousand Eight Hundred and Fifty-Four Only), payable to the petitioner, for the works executed by the petitioner…” 2. Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Irrigation Department and the learned Assistant Government Pleader for Finance. 3. The petitioner claims to be a registered contractor engaged in the execution of civil works and that he was entrusted with various works of the Irrigation Department. It is the case of the petitioner that he was awarded contracts for execution of Annual Maintenance of Chief Engineer’s office NS Project Guntur for the years 2022-2023 and 2023-2024. It is the case of the petitioner that he deposited the requisite security amount and executed the works to the satisfaction of the authorities concerned, and upon completion of the works, the respondent authorities measured the same and recorded the measurements in the Measurement Books. 4 SRK, J W.P.No.24656 of 2026 4. It is the grievance of the petitioner that notwithstanding the completion of the works and its measurement by the competent authorities, the amount due towards the executed works has not been paid till date. According to the petitioner, although the works were 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. 5. Learned Assistant Government Pleader for Irrigation Department, on written instructions, from the Executive Engineer, NSJC O&M Division, Sattenapalli, Palnadu District-5th respondent, submits that there is no dispute with regard to the execution of the subject works done by the petitioner. 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.” 1 2025 SCC OnLine SC 1400 5 SRK, J W.P.No.24656 of 2026 7. Having regard to the fact that there is no dispute with regard to the works executed by the petitioner and the amount payable to him, and in view of the submissions of the learned Assistant Government Pleader for Irrigation Department, the respondent authorities are directed to pay a sum of Rs.1,03,247/- and Rs.71,151/- to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order. 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: 21.09.2026. MJA/BAK 6 SRK, J W.P.No.24656 of 2026 53 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:24656 of 2026 Date: 21.09.2026 MJA