APHC010082962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4776/2026 Between: 1. NARSE KRISHNARJUNA,, S/O. SATHYANARAYANA, AGED ABOUT 45 YEARS, R/O. D.NO. 1-98, J.KOTHURU VILLAGE, KOTURU MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH-533435. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, PVS ICON, 4TH FLOOR, PATHURU X ROADS, BESIDE RELIANCE DIGITAL, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501. Page 2 of 6 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ DEPARTMENT, OPPOSITE P.W.D. GROUNDS, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520002. 5. THE COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, KAKINADA DISTRICT, ANDHRAPRADESH - 533001. 6. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH - 533001. 7. THE EXECUTIVE ENGINEER, PRI DIVISION, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH - 533001. 8. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH - 533001. 9. THE MANDAL PARISHAD DEVELOPMENT OFFICER/ PROGRAMME OFFICER, MGNREGS, JAGGAMPETA MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH - 533001. 10. THE J KOTHURU GRAM PANCHAYAT, REP. BY THE PANCHAYAT SECRETARY, J KOTHURU VILLAGE, JAGGAMPETA MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH - 533001. 11. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, JAGGAMPETA MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH - 533001 ...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 particularly, one in the nature of writ of Mandamus declaring the action of the respondents in withholding the Net amount of Rs. 9,59,351/- (Rupees Nine Lakhs Fifty-Nine Thousand and Three Hundred Fifty-One Only) for the works executed by the petitioner. The said action of Respondents is illegal, arbitrary, violative of the principles of natural justice, and infringes upon the petitioners fundamental and constitutional rights guaranteed under Articles 14, 21 and 300A of the Constitution of India and Consequently, direct the respondents to pay the Net amount of Rs. 9,59,351/- (Rupees Nine Lakhs Fifty-Nine Thousand and Three Hundred Fifty-One Only) for the works executed by the petitioner 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 Respondent Nos.7 and 8 to consider the petitioners' representation dated 22.12.2025, and 09.02.2026, to release the Net amount of Rs. 9,59,351/- (Rupees Nine Lakhs Fifty-Nine Thousand and Three Hundred Fifty-One Only) for the works executed by the petitioner, and pass orders or orders in accordance with the law pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAJANI NELAKUDITI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Smt. Rajani Nelakuditi, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance for respondents 1 to 8 and 11 and learned standing counsel for respondent Nos.9 and 10. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.9,59,351/- payable to the petitioner for the works executed i.e. „1) Construction of Grama Sachivalayam (GSB) Building at J.Kothuru(V) of Jaggampeta (M), 2) Construction of Grama Sachivalayam (RBK) Building at J.Kothuru (V) of Jaggampeta (M) and 3) Construction of Wellness (Health) Building at J.Kothuru (V) of Jaggampeta (M)‟, as illegal and arbitrary. 3. Today, when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted the instructions of Executive Engineer, PRI Division, Kakinada. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.10,33,969/- and the net amount payable to the petitioner after statutory deductions of Rs.74,618/- is Rs.9,59,351/-. The instructions are made part of the record. 5. Learned counsel for the petitioner endorses the same. Learned counsel undertakes to pay the deficit court fee within one week from the receipt of the order copy and file a memo to that effect. The same is recorded. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner‟s entitlement for Rs.9,59,351/-. 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 1 2025 SCC online SC 1400 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.” 7. Given the instructions furnished by the Executive Engineer, PRI Division, Kakinada, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.9,59,351/- (Rupees Nine Lakhs Fifty Nine Thousand Three Hundred and Fifty One only) 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: 29.04.2026 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4776 of 2026 Date: 29.04.2026 IKN