APHC010353372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19170/2026 Between: 1. NAS BABU CONSTRUCTION PVT LTD, REP. BY ITS MANAGING DIRECTOR, N.V.V. NAGENDRAM, S/O. VENKATESWARA RAO, R/O. D.NO.10-150-A2, 1ST LANE, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT-521 301. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI-522 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI-522 238 3. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA-521 301. 4. THE PAY ACCOUNTS OFFICER, KRISHNA, KRISHNA DISTRICT-521 456. 5. THE DIVISIONAL ACCOUNTS OFFICER, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT-521 301 ...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 2 SRK, J W.P.No.19170 of 2026 pleased tolease(d to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in net releasing the EMD and 7.5percent withheld amount of Rs. 10,83,073, (Rs.4,30,848/ Rs.6,52,225/-), which were deducted by the respondents, in their respective bills of 10 works at the time of releasing of bill payments towards execution of works under Neeru Chettu Programme vide 1) Ag No.262 NC/2017-18, Dated 22.03.2018, 2) Agt. No.263 NC/2017-18, Dated 22.03.2018, 3) Agt. No.264 NC/2017-18, Dated 22.03.2018, 4) Agt. No.265 NC/2017-18, Dated 22.03.2018, 5) Agt. No.266 NC/2017-18, Dated 22.03.2018, 6) Agt. No.267 NC/2017-18, Dated 22.03.2018, 7) Agt. No.269 NC/2017-18, Dated 22.03.2018, 8) Agt. No.94 NC/2017-18, Dated 22.06.2017, 9) Agt. No.95 NC/2017-18, Dated 22.06.2017, and 10) Agt. No.96 NC/2017-18, Dated 22.06.2018, respectively, in Drainage Division, Gudivada Krishna District, which is illegal, irregular, arbitrary and violative of Article 14 21 and 300-A of the Constitution of India and also violative of the principles (3f natural justice, consequently direct the respondents to release the EMD ard 7.5percent withheld amount of Rs. 10,83,073/-, due to the petitioner in respect of execution of 10 works forthwith interest of 18percent and to pass suc 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 leased direct the respondents to release the withheld amount cf Rs. 10,83,073/- in respect of execution 10 works, which was deducted by the respondents as EMD and 7.5% withheld amounts in their respective bills at the time of releasing of bill payments towards execution of works and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the cas Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 3 SRK, J W.P.No.19170 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in not releasing the EMD and 7.5% withheld amount of Rs.10,83,073/- (Rs.4,30,848/-+Rs.6,52,225/-), which were deducted by the respondents, in their respective bills of 10 works under Neeru Chettu Programme vide 1) Agt. No.262 NC/2017-18, Dated 22.03.2018, 2) Agt.No.263 NC/2017-18, Dated 22.03.2018, 3) Agt.No.264 NC/2017-18, Dated 22.03.2018 4) Agt.No.265 NC/2017-18, Dated 22.03.2018 5) Agt.No.266 NC/2017-18, Dated 22.03.2018 6) Agt.No.267 NC/2017-18, Dated 22.03.2018 7) Agt.No.269 NC/2017-18, Dated 22.03.2018 8) Agt.No.94 NC/2017-18, Dated 22.06.2017 9) Agt.No.95 NC/2017- 18, Dated 22.06.2017 10) Agt.No.96 NC/2017-18, Dated 22.06.2018, respectively, in Drainage Division, Gudivada, Krishna District, which is illegal, irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice, consequently direct the respondents to release the EMD and 7.5% withheld amount of Rs.10,83,073/-, due to the petitioner in respect of execution of 10 works forthwith interest of 18% and to pass such other order …” 2. Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Irrigation and CAD and learned Assistant Government Pleader for Finance Planning. 3. The petitioner claims to be a registered contractor engaged in the execution of civil works and that it was entrusted with various works under Neeru-Chettu Programme by the District Collector, Krishna on nomination basis. It is the case of the petitioner that it was awarded various contracts for execution of de-silting works. The respondent authorities inspected the works and recorded in the measurement book and bills in the years 2017 and 2018 were made. 4 SRK, J W.P.No.19170 of 2026 4. It is the grievance of the petitioner that notwithstanding the completion of the works and its measurement by the competent authorities, though the amount due towards the executed works has been paid, the Earnest Money Deposit (EMD) and the withheld amounts are not paid till date. According to the petitioner, although the works were completed, the respondent authorities are not releasing the Earnest Money Deposit (EMD) and the withheld amounts payable to it. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition. 5. Learned Assistant Government Pleader for Irrigation, on written instructions, from the Executive Engineer, Drainage Division, Gudivada, Krishna District-3rd respondent, submits that there is no dispute with regard to the execution of the subject works done by the petitioner. He further submits that the total value of the work done by the petitioner is Rs.86,16,126/-, wherein an amount of Rs.72,72,186/- was already paid to the petitioner. After the said amount being paid to the petitioner, the balance amount to be paid is Rs.6,46,025/-. The written instructions are placed on record. 6. Since the amount payable is admitted and undisputed, 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 1 2025 SCC OnLine SC 1400 5 SRK, J W.P.No.19170 of 2026 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 works executed by the petitioner and the amount payable to it, 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.6,46,025/- to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order and also to pay the EMD amount and withheld amounts within a period of eight (8) weeks thereafter. 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: 23.09.2026. MJA/SKB 6 SRK, J W.P.No.19170 of 2026 77 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:19170 of 2026 Date: 23.09.2026 MJA/SKB