APHC010008192026 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: 1241/2026 Between: 1. T VEERA REDDY, S/O LAXMA REDDY, AGED ABOUT 71 YEARS, OCC CONTRACTOR, R/O D.NO. 50-1-41/14, SEETHAMMADHARA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ ENGINEERING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. (522238) 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM.(521002) 3. THE EXECUTIVE ENGINEER, P.R.I DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. (521001). 4. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. (522238) 5. THE MANAGING DIRECTOR, ANDHRA PRADESH STATE p. 2 HOUSING CORPORATION LIMITED, VIJAYAWADA, KRISHNA DISTRICT. (520007) 6. THE PROJECT DIRECTOR, ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, MACHILIPATNAM, KRISHNA DISTRICT. (521002) ...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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of CC Rt Final Bill, Net Amount of Rs. 8,61,423/- (Gross Amount of Rs. 12,26,967/-), even after finalizing the bills payable to the petitioner in relation to the work Leveling of YSR Jagananna Housing Colony in Telaprolu (Near by Kavaligutta) Layout of Telaprolu Village of Unguturu Mandal. (Layout ID. 06275LA109127) as per the Agreement No. /2022-23, Dt. 12.08.2022 is questioned, as the same is illegal, arbitrary and violative of Articles 14, 16, 19 300-A of Constitution of India and consequently direct the respondents to consider for payment of CC 1st gj Final Bill, Net Amount of Rs. 8,61,423/- (Gross Amount of Rs. 12,26,967/-) with an interest @ 24PERCENT per annum for the delayed amount 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 CC pt Final Bill, Net Amount of Rs. 8,61,423/- (Gross Amount of Rs. 12,26,967/-) with an interest of 24% per annum for the delayed amount to the petitioner in respect of execution of works i.e., “Leveling of YSR Jagananna Housing Colony in Telaprolu (Near by Kavaligutta) Layout of Telaprolu Village of Unguturu Mandal. (Layout ID. 06275LA109127) per the Agreement No. /2022-23, Dt. 12.08.2022”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: p. 3 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) The Court made the following: ORDER Heard Sri Suresh Kumar Reddy Kalava, 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 CC Rt Final Bill, Net Amount of Rs. 8,61,423/- (Gross Amount of Rs. 12,26,967/-), even after finalizing the bills payable to the petitioner in relation to the work Leveling of YSR Jagananna Housing Colony in Telaprolu (Nearby Kavaligutta) Layout of Telaprolu Village of Unguturu Mandal (Layout ID.06275LA109127) as per the Agreement No. /2022-23, Dt.12.08.2022, 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 3rd 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.8,61,463/-. The written instructions are made as part of the record. Page 4 of 4 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.8,61,463/-. Since the amount payable is admitted and undisputed, the writ petition is 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 3rd 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.8,61,463/- (Rupees Eight Lakhs Sixty One Thousand Four Hundred and Sixty Three 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