APHC010020742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1731/2025 Between: 1. M/S SRI DHARMA SHASTA CONTRACTORS, REP. BY ITS MANAGING PARTNER A MURALI MOHAN RAO, S/O. A VENKATA NARASAIAH, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O. 18-91, KONDAPETA, BANAGANAPALLI, NANDYAL, NANDYAL DISTRICT, PINCODE 518124 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL FUND TRUST, NANDYAL, NANDYAL DISTRICT. 4. THE SUPERINTENDING ENGINEER, PR CIRCLE, KURNOOL, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYAL @ KUMOOL, KUMOOL DISTRICT. Page 2 of 5 SRS,J W.P.No.1731 of 2025 6. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.9,62,279/- vide M Book No. 3196-A, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing Gravel road from BC Colony to Chennampalle Pulla Reddy fields (Pati Meeda rasta) at Singanapalli (V) Owk Mandal in Nandyal District, vide Agreement No. /2023- 24, dated 17.02.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.9,62,279/- vide M Book No. 3196-A with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith IA NO: 1 OF 2025 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 please to direct the respondents to pay for payment of amount of Rs.9,62,279/- vide M Book No. 3196-A with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing Gravel road from BC Colony to Chennampalle Pulla Reddy fields (Pati Meeda rasta) at Singanapalli (V) Owk Mandal in Nandyal District, vide Agreement No. Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR MINES AND GEOLOGY 3. GP FOR FINANCE PLANNING p. 3 SRS,J W.P.No.1731 of 2025 The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.9,62,279/-, payable to the petitioner for execution of works i.e., „Providing gravel road from BC Colony to Chennampalle Pulla Reddy fields (Pati meeda rasta) at Singanapalli (V) Owk Mandal in Nandyal District vide agreement No…../2023-24, dated 17.02.2024, as illegal and arbitrary. 2. Heard Sri Bathala Ramesh, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appearing for respondent Nos.1 to 6. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.5. 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.9,62,279/-. 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.9,62,279/-. Since the p. 4 SRS,J W.P.No.1731 of 2025 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.5, the Writ Petition is disposed of directing the respondents to release an amount of Rs.9,62,279/- (Rupees Nine Lakhs Sixty Two Thousand Two Hundred and Seventy Nine 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: 10.03.2026 JLV p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.1731 of 2025 122 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1731 of 2025 Date: 10.03.2026 JLV