APHC010003912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1168/2026 Between: 1. KUNDRAPU SURIBABU, S/O. SANNIBABU, AGED 43 YEARS, OCC CONTRACTORAND CHAIRMAN VLC KJ PURAM, R/O. KUNDRAPUVANIPALEM, KINTHADA VILLAGE, K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 5. THE CHIEF PLANNING OFFICER, ANAKAPALLI DISTRICT, ANAKAPALLI. 6. EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION ANAKAPALLI, ANAKAPALLI DISTRICT. Page 2 of 4 ...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 withholding the payment of balance of Rs.6,51,236/- even after finalizing the bills, payable to the petitioners in relation to the works under GGMP Grant i.e., i) Construction of CC Road from KannuruKannayya House to YedlaMaheswarapuram House at K.J.Puram for an amount of Rs. 3,63,885/-, ii) Construction of CC Road from YedlaDemudubabu House to YedlaYerribabu House at K.J.Puram through M.BookNo. for an amount of Rs.69,475/- and iii) Construction of CC Road from New GramaSachivalayam to Wellness Center building at K.J.Puram for an amount of Rs.2,17,876/- totaling an amount of Rs.6,51,236/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.6,51,236/- to the petitioner 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 the respondents to consider for payment of amount of Rs.6,51,236/- to the petitioner in respect of execution of works under GGMP Grant i.e., i) Construction of CC Road from KannuruKannayya House to Yedia Maheswarapuram House at K.J.Puram for an amount of Rs. 3,63,885/-, ii) Construction of CC Road from YedlaDemudubabu House to YedlaYerribabu House at K.J.Puram for an amount of Rs.69,475/- and iii) Construction of CC Road from New Grama Sachivalayam to Wellness Center building at K.J.Puram for an amount of Rs.2,17,876/- totaling an amount of Rs.6,51,236/- forthwith 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 Heard Sri Rambabu Koppineedi, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in withholding the payment of balance of Rs.6,51,236/- even after finalizing the bills, payable to the petitioners in relation to the works under GGMP Grant i.e., i) Construction of CC Road from KannuruKannayya House to YedlaMaheswarapuram House at K.J.Puram for an amount of Rs. 3,63,885/-, ii) Construction of CC Road from YedlaDemudubabu House to YedlaYerribabu House at K.J.Puram through M.BookNo. for an amount of Rs.69,475/- and iii) Construction of CC Road from New GramaSachivalayam to Wellness Center building at K.J.Puram for an amount of Rs.2,17,876/- totaling an amount of Rs.6,51,236/- as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the 6th respondent. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.6,51,236/-. 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 works and the petitioner’s entitlement for Rs.6,51,236/-. Since the amount payable is admitted and undisputed, the writ petition is p. 4 maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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 the 6th respondent, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.6,51,236/- (Rupees Six Lakhs Fifty One Thousand Two Hundred and Thirty Six only) payable to the petitioner regarding execution of the aforementioned work, 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 PVD 1 2025 SCC online SC 1400