APHC010003182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1456/2026 Between: 1. MUPPAVARAPU SAMBASIVA RAO, S/O. SANGAMESWARA RAO, AGED 46 YEARS, OCCCONTRACTOR R/O. H. NO. 7-146, OPP. BRAHMAMGARI TEMPLE, ANGALAKUDURU (V),TENALI (M),GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, THE PANCHAYAT RAJ RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. 3. THE DISTRICT COLLECTOR, GUNTUR,GUNTUR DISTRICT. 4. 4. THE SUPERINTENDENT OF ENGINEER, PANCHAYAT RAJ DEPARTMENT, GUNTUR, GUNTUR DISTRICT. 5. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ P.R. DIVISION, TENALI, GUNTUR DISTRICT ...RESPONDENT(S): p. 2 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 a Writ, one in the nature of a writ of Mandamus declaring the action of the respondents in not releasing the payments for the different Tender works under CMDF Grants i.for Construction of Community hall buiding at Yadavapalem of Gudiwada Village of Tenali mandal an amount of Rs.9,33,900,with agreement No.14/2023dated 23-05- 2023, ii. Construction of Compound wall at Muslim Burial Ground in Telaprolu (V) of Tenali Mandal an amount of Rs. 3,66,199/- with agreement No. 13/2023dated 23-05-2023 totaling an amount of Rs. 13,00,099/-, is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondents to release an amount of Rs. 13,00,099/-,with interest above said tender works executed by the petitioner forthwith 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 to direct the respondents to release an amount of Rs. 13,00,099/- with interest for the Tender works executed by the petitioner i.for Construction of Community hall building at Yadavapalem of Gudiwada Villageof Tenali mandal an amount of Rs.9,33,900,with agreement No. 14/2023 dated 23-05- 2023 ii.Construction of Compound wall at Muslim Burial Ground in Telaprolu (V) of Tenali Mandal an amount of Rs.3,66,199/- with agreement No. 13/2023dated 23-05-2023 and to pass Counsel for the Petitioner: 1. Y SUBBA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 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 not releasing an amount of Rs.13,00,099/- relating to the p. 3 works executed by the petitioner i.e. (i) construction of compound wall at Muslim burial ground in Telaprolu (V) of Tenali (M) and (ii) construction of community hall building at Yadavapalem, Gudiwada (V), Tenali (M), as illegal and arbitrary. 2. Heard Sri Y. Subba Rao, learned counsel for the petitioner; 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 Executive Engineer, PRI Division, Tenali – respondent No.5. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.13,87,522/-, and after deductions, i.e. Rs.87,161/-, the net amount payable to the petitioner is Rs.13,00,361/-. 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.13,00,361/-. 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 p. 4 1 2025 SCC online SC 1400 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.=. 6. Given the instructions furnished by respondent No.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.13,00,361/- 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: 03.03.2026 TVN p. 5 182 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1456 of 2026 Date: 03.03.2026 TVN