APHC010159972026 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: 9093/2026 Between: 1. KATRAGADDA SIVA RAMA KRISHNA,, S/O. KATRAGADDA SAMBASIVA RAO, AGE. 50 YEARS, CIVIL CONTRACTOR, PLOT.NO. 11-11-18, VIJAYA SAI RESIDENCY, CHENCHU PETA, TENALI, GUNTUR DIST - 522 201 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST - 522 238., 2. THE PRINCIPLE SECRTARY, FINANCE AND PLANNING DEPARTMENT, THE GOVERNMENT OF ANDHRA PRADESH 2ND BLOCK, 1ST FLOOR. ROOM NO.287, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST - 522 238 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST - 522 238., 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM - 534 201. 5. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, ELURU, W.G. DISTRICT - 534 006. 6. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, BHIMAVARAM, W.G. DISTRICT - 534 201. 2 SRK, J WP.No.9093 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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide 1). Agreement No.01 of 2024-25, dt.08-07-2024 2). Agreement No.02 of 2024-25, dt.08-07-2024 3). Agreement No.03 of 2024-25, dt.08-07- 2024 4) Agreement No.04 of 2024-25, dt.08-07-2024 awarded by 6th respondent, the total due is an amount of Rs.39,07,167/- to the petitioner with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14,19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6percent interest 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 the amount of Rs.39,07,167/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY 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.9093 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works vide 1). Agreement No.01 of 2024-25, dt.08-07-2024 2). Agreement No.02 of 2024-25, dt.08-07-2024 3). Agreement No.03 of 2024-25, dt.08-07-2024 4) Agreement No.04 of 2024-25, dt.08-07-2024 awarded by 6th respondent, the total due is an amount of Rs.39,07,167/- to the petitioner with 6% interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14,19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed work immediately with 6% interest 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 he was entrusted with various works on a tender basis. It is the case of the petitioner that he was awarded a contract for execution of the works viz. (1) Annual Maintenance towards removal of weed growth from Minor drains in following into Kopalle Medium drain under Drainage Section No.2, Bhimavaram for the year 2024-25, (2) Annual Maintenance towards removal 4 SRK, J WP.No.9093 of 2026 of weed growth from Minor drains in following into Yangagandi Medium drain under Drainage Section No.2, Bhimavaram for the year 2024-25, (3) Annual Maintenance towards removal of weed growth from Minor drains in following into Rayalam Medium drain under Drainage Section No.2, Bhimavaram for the year 2024-25 and (4) Annual Maintenance towards removal of weed growth from Minor Rayalam and Uppucodu Medium drains in Drainage Section No.2, Bhimavaram for the year 2024-25. It is the case of the petitioner that he 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. 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, on written instructions, from the Executive Engineer, Drainage Division, Bhimavaram -6th respondent, submits that there is no dispute with regard to the execution of the subject works by the petitioner and balance amount payable to the petitioner is Rs.35,57,510/-. He further submits that the amounts could not be paid due to lack of budget. The written instructions are placed on record. 5 SRK, J WP.No.9093 of 2026 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 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 him, 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.35,57,510/- 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 1 2025 SCC OnLine SC 1400 6 SRK, J WP.No.9093 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:9093 of 2026 Date: 28.09.2026 MS