APHC010003772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1142/2026 Between: 1. PASUPULA MAHESH, S/O. KRISHNAYYA (LATE), AGED 50 YEARS, OCC CONTRACTOR, R/O. D.NO. 3-225/1, LINE, SARADA NAGAR, BALIGHATTAM, NARSIPATNAM, ANAKAPALLI DISTRICT. - 531116. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, THULLUR MANDAL AMARAVATI, GUNTUR DISTRICT. - 522238 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. – 522238 3. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. – 520002 4. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. – 531001 5. THE CHIEF PLANNING OFFICER, ANAKAPALLI DISTRICT, ANAKAPALLI. – 531001 6. EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION, p. 2 NARSIPATNAM, ANAKAPALLI DISTRICT. - 531116 7. THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. – 530001 ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not finalizing and not paying bills Rs. 15,00,000/- even after completion of works, payable to the petitioner in relation to the work i.e.. Construction of Community hall in MeedaVeedhi of G. Koduru Gram Panchayat of Makavarapalem Mandal of Anakapalli District for an amount of Rs. 15,00,000/- is questioned, as the same is illegal, arbitraryand violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to finalize the bills for the works executed by the petitioner and to pay the entire bill amounts in respect of execution of above-mentioned work forthwith 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 to direct respondents to finalize and pay the bills for the works executed by the Petitioner and record the same as Pass order in Measurement Book forthwith for the works executed and completed by the Petitioner i.e.. Construction of Community hall in MeedaVeedhi of G. Koduru Gram Panchayat of Makavarapalem Mandal of Anakapalli District for an amount of Rs. 15,00,000/- pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING p. 3 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.15,00,000/- relating to the work executed by the petitioner i.e. construction of the Community hall in Meedaveedhi of G. Konduru Gram Panchayat of Makavarapalem Mandal, Anakapalli District, as illegal and arbitrary. 2. Heard Sri Rambabu Koppineedi, 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, Narsipatnam – respondent No.6. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.14,80,991/-, and after statutory deductions, i.e., Rs.1,33,715/-, the net amount payable to the petitioner is Rs.13,47,276/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.13,47,276/-. 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: p. 4 1 2025 SCC online SC 1400 “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.6, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.13,47,276/- 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: 25.02.2026 TVN p. 5 205 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1142 of 2026 Date: 25.02.2026 TVN