APHC010478152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 26223/2026 Between: 1. BALAJI GLOBAL CONSTRUCTIONS, REP BY ITS PROPRIETOR MUNAGACHERLA BHAVANA D/O VENKATESWARLU AGE 22 YEARS OCC CONTRACTOR R/O NEAR TOBACO BORD DC PALLI DHARMARAO CHERUVUPALLE NELLORE ANDHRA PRADESH 524307 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR 522238 2. THE EXECUTIVE ENGINEER, GRP DIVISION NO-II DEPARTMENT OF IRRIGATION ONGOLE, PRAKASHAM DISTRICT 523001. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522238 4. THE JOINT SECRETARY, DEPARTMENT OF FINANCE PLANNING, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 522238. ...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 WP.No.26223 of 2026 pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.28,86,463/- (Twenty eight Lakhs, Eighty Six Thousand, Four Hundred and Sixty three Rupees only) vide CFMS Token Details 2026 -91250362, even after finalizing the bills payable, to the petitioner in relation to the works i.e. Constuction of Internal Drains (R3 R5) in Burepalli R R colony of Gundapalli Village, Maddipadu Mandal, Prakasham District ( of Agreement No. 04/2025-26 dated 16-04- 2026 and 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 direct the respondents to forthwith consider releasing the amounts payable to the petitioner Le Rs.28,86,463/- (Twenty eight Lakhs, Eighty Six Thousand, Four Hundred and Sixty three Rupees only) herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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.26223 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 Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.28,86,463/- (Twenty eight Lakhs, Eighty Six Thousand, Four Hundred and Sixty three Rupees only) vide CFMS Token Details 2026 -91250362, even after finalizing the bills payable, to the petitioner in relation to the works i.e. Construction of Internal Drains (R3 & R5) in Burepalli R & R colony of Gundapalli Village, Maddipadu Mandal, Prakasham District ( of Agreement No. 04/2025-26 dated 16-04-2026 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 engaged in the execution of civil works and that it was entrusted with various works of the R&B Department, Irrigation Department, Panchayat Raj Department and other Government departments on a tender basis. It is its case that it was awarded a contract for execution of the work viz. Construction of Internal Drains (R3 & R5) in Burepalli R & R colony of Gundapalli Village, Maddipadu Mandal, Prakasam District. It is its case that it 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 SRK, J WP.No.26223 of 2026 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 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 GRP Division-2, Ongole-2nd respondent, 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 for an amount of Rs.28,86,463/-. He further submits that the First and Part bill is submitted to NIDHI Portal vide CFMS Token No.2026-91250326 for payment to the petitioner. Present status of the bill is “waiting for fund clearance”. 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 respondents and for claiming the same, a Writ 1 2025 SCC OnLine SC 1400 5 SRK, J WP.No.26223 of 2026 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 it, and in view of the submissions of the learned Assistant Government Pleader for Irrigation, the respondent authorities are directed to pay admitted amount of Rs.28,86,463/- to the petitioner within a period of Three (3) months 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: 28.09.2026. MS 6 SRK, J WP.No.26223 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:26223 of 2026 Date: 28.09.2026 MS