APHC010010992026 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: 1195/2026 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, KONAKANAMITIA MANDAL PRAKASAM DISTRICT-523245. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 2. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 3. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT-522501. 4. 4. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE- 523001. 5. 5. THE CHINARIMIKATIA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KONAKANAMITIA MANDAL, PRAKASAM DISTRICT- p. 2 523245. 6 6. THE EXECUTIVE ENGINEER, PR DIVISION, MARKAPUR, PRAKASAM DISTRICT-523315. 7. THE DY EXECUTIVE ENGINEER, PRI SUB-DIVISION, MARKAPURU, PRAKASAM DISTRICT-523315. 8. 8. 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 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.9,23,998/- (Rs.4,61,970 4,62,028/-) in respect of execution of 2 works for 1). Construction of CC Road from Konanki Devadanam house to Konanki Mark house in Chinarikatia GP of KK Mitia, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27919 an amount of Rs.4,61,970/- and 2). Construction of CC Road from Udumula Pedda Bangaru reddy houe to Venna Venkateswarlu House in Chinarikatia GP of KK Mitia Mandal, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27916 an amount of Rs.4,62,028/- 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, consequentlydirect the respondentsto release the bills amount of Rs.9,23,998/- due to the petitioner in respect of execution of works forthwith interest of 18PERCENT 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 the respondents to release the bills amount of Rs.9,23,998/- (Rs.4,12,207 4,12,207/-) in respect of execution of 2 works for 1). Construction of CC Road from Konanki Devadanam house to Konanki Mark house in Chinarikatia GP of KK Mitia, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27919 an amount of Rs.4,61,970/- and 2). Construction of CC Road from Udumula Pedda Bangaru reddy houe to p. 3 Venna Venkateswarlu House in Chinarikatia GP of KK Mitia Mandal, vide Agreement No. /2022-23, dated 27.12.2023 and Work ID No.PR 5119-27916 an amount of Rs.4,62,028/- 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. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING 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.9,23,998/- in relation to the works executed by the petitioner i.e. (i) construction of CC road from Konanki Devadanam house to Konanki Mark house in Chinarikatla GP of KK Mitla and (ii) Construction of CC road from Udumula Pedda Bangaru Reddy house to Venna Venkateswarlu House in Chinarikatla GP of KK Mitla Mandal, as illegal and arbitrary. 2. 2. Heard Sri B. Sanjaiah Gandhi, 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, PR Division, Markapur – respondent No.6. Page 4 of 5 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.9,23,998/-, and after QC recovery, i.e. Rs.1,05,796/-, the net amount payable to the petitioner is Rs.8,18,202/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.8,18,202/-. 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.”. 6. Given the instructions furnished by respondent No.6, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.8,18,202/- 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 1 2025 SCC online SC 1400 235 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1195 of 2026 Date: 25.02.2026 TVN