APHC010010802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1419/2026 Between: 1. HABITATION WORKS COMMITTEE, CHINARIKATIA, REP. BY ITS CHAIRMAN, GODA VELUGONDA REDDY, S/O. NADIPI VELUGONDA REDDY, AGED 55 YEARS, OCC CONTRACTOR, R/O. D. NO.20-42, B.C. COLONY, CHINARIKATIA,KONAKANAMITIAMANDAL, PRAKASAM DISTRICT- 523245. ...PETITIONER AND 1. THE STATE OF AP, A 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 3. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 3. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT-522501. 4. Page 2 of 6 5. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE- 523001. 5. . 6. THE CHINARIMIKATIA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KONAKANAMITIA MANDAL, PRAKASAM DISTRICT- 523245. 6. 7. THE EXECUTIVE ENGINEER, PR DIVISION, MARKAPUR, PRAKASAM DISTRICT-523315. 7. 8. THE DY EXECUTIVE ENGINEER, PRI SUB-DIVISION, MARKAPURU PRAKASAM DISTRICT-523315. 8. 9. THE ASSISTANT EXECUTIVE ENGINEER, MANDAL PRAJA PARISHAD, KONAKANAMITIA, PRAKASAM DISTRICT-523245 ...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 topleased to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the admitted bills amount of Rs.8,24,414/- (Rs.4,12,207 4,12,207/-) in respect of execution of 2 works for 1). Construction of CC Road from Venna Venkateswarlu house to Pulukuri Yelaiah house in Chinarikatia GP of KKK Mitia, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27917 an amount of Rs.4,12,207/- and 2). Construction of CC Road from SC Palem Church to Konanki Devadanam House in Chinarikatia GP of KK Mitia Mandal, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27918 an amount of Rs.4,12,207/- under GGMP Grant 2023-24 in Chinarikatia Grama Panchayat, Konanakanamitia Mandal, Prakasam District which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice consequently direct the respondents to release the bills amount of Rs.8,24,414/- due to the petitioner in respect of execution of works forthwith interest of 18perxcent 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 pleased to direct the respondents to release the bills amount of Rs.8,24,414/- (Rs.4,12,207+4,12,207/-) in respect of execution of 2 works for 1). Page 3 of 6 Construction of CC Road from Venna Venkateswarlu house to Pulukuri Yelaiah house in Chinarikatia GP of KKK Mitia, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27917 an amount of Rs.4,12,207/- and 2). Construction of CC Road from SC Palern Church to Konanki Devadanam House in Chinarikatia GP of KK Mitia Mandal, vide Agreement No. /2022-23 dated 27.12.2023 and Work ID No.PR 5119-27918 an amount of Rs.4,12,207/- under GGMP Grant 2023-24 in Chinarikatia Grama Panchayat, Konanakanamitia Mandal, Prakasam District, immediately, pending disposal of main writ petition and pass Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Battula Sanjaiah Gandhi, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1 to 4 and 6 to 8; and learned standing counsel for respondent No.5. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.8,24,414/- payable to the petitioner for the works executed i.e. 1) Construction of CC Road from Venna Venkateswarlu House to Pulukuri Yelaiah house in Chinarikatla GP of KKK p. 4 Mitla and 2) Construction of CC Road from SC Palem Church to Konanki Devadanam House in Chinarikatla GP of KK Mitla Mandal, in pursuance of agreements dated 27.12.2023, 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 respondent No.6. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.8,24,441/-. 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.8,24,441/-. 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.” p. 5 1 2025 SCC online SC 1400 6. Given the instructions furnished by respondent No.6, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.8,24,441/- (Rupees Eight Lakhs Twenty Four Thousand Four Hundred and Forty One 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 Date: 17.02.2026 IKN p. 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1419 of 2026 Date: 17.02.2026 IKN