APHC010320592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16425/2025 Between: 1. TIRUMALARAJU VEERA VENKATA SURYANARAYANA VARMA, S/O T.VEERA VENKATA SATYANARAYANA RAJU, AGED- 48, R/O D.NO.2-273/1, GAYATRI NAGAR, KONGODU, GOLLAPALEM, KARAPA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH STATE HOUSING CORP LTD, REP. BY ITS MANAGING DIRECTOR, AUTO NAGAR, VIJAYAWADA. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLI, GUNTUR DISTRICT. 5. THE COMMISSIONER, WEAKER SECTION HOUSING PROGRAMME, AP STATE HOUSING CORP. LTD. VIJAYAWADA. 6. THE DISTRICT COLLECTOR, DR. B.R AMBEDKAR KONASEEMA p. 2 DISTRICT. 7. THE DISTRICT WATER MANAGEMENT AGENCY, REP.BY ITS PROJECT DIRECTOR, DR. B.R AMBEDKAR KONASEEMA DISTRICT. 8. THE JAGANNAIKULAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, RAMACHANDRAPURAM, DR. B.R AMBEDKAR KONASEEMA DISTRICT. 9. THE PROJECT DIRECTOR, AP STATE HOUSING CORPORATION LTD., DR. B.R AMBEDKAR KONASEEMA DISTRICT 10 THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF HOUSING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 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 pleased toPrayed that this Writ of Mandamus declaring action of the Respondents in withholding the payment of bill amount of Rs. 10,08,223/- (Rupees Ten Lakh Eight Thousand Two Hundred and Twenty Three) in relation to the work namely development of housing colony under land development project in community lands vide Work ID No. 040513912014170488 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith release the bill amount of Rs. 10,08,223/-(Rupees Ten Lakh Eight Thousand Two Hundred and Twenty Three) with interest @24percent per annum to the petitioner in respect of execution of above-mentioned work and pass IA NO: 1 OF 2025 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 to direct the respondents to release the bill amount of Rs.10,08,223/-(Rupees Ten Lakh Eight Thousand Two Hundred and Twenty Three) with interest @24% per annum in respect of the work of namely “development of housing colony under land development project in community lands vide Work ID No. 040513912014170488 forthwith, pending disposal of the Writ Petition and pass p. 3 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 to implead the proposed respondent herein as 10th respondent in WP No. 16425 of 2025 and to pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. K MALLIKHARJUNA MOORTHY 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.10,08,223/- payable to the petitioner in relation to the work executed by the petitioner i.e. Development of housing colony under and development project in community lands, as illegal and arbitrary. 2. Heard Sri P. Vivek, learned counsel for the petitioner and Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Project Director, DWMA, Dr.B.R. Ambedkar Konaseema District – respondent No.7. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned work and the net amount payable to the p. 4 petitioner is Rs.10,08,223/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.10,08,223/-. 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.”. 6. Given the instructions furnished by respondent No.7, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.10,08,223/- payable to the petitioner regarding execution of the aforementioned works, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 31.03.2026 TVN p. 5 1 2025 SCC online SC 1400 284 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16425 of 2025 Date: 31.03.2026 TVN