APHC010020772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1311/2025 Between: 1. DULAM SRI VENKATA SURYANARAYANA, S/O.VENKATARAYUDU , AGED ABOUT 45 YEARS OCC CONTRACTOR, R/O. D.NO.4-11. SANA VARIVEDDI, RAJANAGARAM, RAJANAGARAMMANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, AP 4. THE EXECUTIVE ENGINEER, PRI DIVISION, RAJAMAHENDRAVARAM, AP 5. THE PAY AND ACCOUNTS OFFICER FINANCE DEPARTMENT, WORKS AND PROJECTS, DOWLESWARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non- 2 payment of amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 12 works i.e., I.Formation of BT road from Plot No.784 to Plot No.693 in SVL Nagarof Palacharla (v) of Rajanagaram Manda/under Agreement No. /2023-24 dt 31- 01-2024, II. . Formation of BT road from Plot No.604 to Plot No.569 in SVL Nagar of Palacharla (v) of Rajanagaram Mandal under an Agreement no. /2023-24 dt 31-01-2024, III. . Formation of BT road from Plot No.903 to Plot No.916 in SVL Nagar of Palacharla (v) of Rajanagaram Mandal under an Agreement no. /2023-24 dt 12-10-2023, IV. Formation of BT road from Palacharla - Dosakayalapalli R AND B Road to Plot no.903 in SVL Nagar of Palacharla (v) of RaJanagaramMandalu nder an Agreement no. /2023-24 dt 12-10-2023, V.Formation of BT road from Plot no.836 to Plot No.784 in SVL Nagar of Palacharla Village of Rajanagaram Mandal under an Agreement no /2023-24 dt 12-10-2023 VI.Formation of BT road from Plot No.916 to Plot No.836 in SVL Nagar of Palacharla Village of Rajanagaram Mandalunder an Agreement no. /2023-24 dt 12-10-2023 VII.Formation of BT road from Plot No.569 to Plot No.495 in SVL Nagar of Palacharla Village of RaJanagaramMandal under an Agreement no. /2023-24 dt 31-01-2024 Viii.Formation of BT road from Plot No.693 to Plot No.604 In SVL Nagar of Palacharla Village of Rajanagaram Mandal under an Agreement /2023-24 dt 31-01-2024, ix. Construction of CC Road from 1. lyyalaApparao(H) to Chellaboyina ramakrishna Site 2. Agraharapu Surya Rao(H) to BaditaboyinaChakrayya(H) in Nandarada Village of Rajanagaram Mandal under an Agreement no. /2023-24 dt 09-01-2024 X.Construction of CC Road from 1. Agraharapu Subbarao (H) to Kukkala Chandra Rao(H) 2. Tekumudi Narasimha Bhai(H) 3. VannumVenkanna (H) Murthy(H) to VanumSakku to TekumudiVeerabbayi (H) 4. Guthula Ramana Supply Company to ToketiSatyavathi (H) in Nandarada Village Of Rajanagaram Mandal under an Agreement no. /2023-24 dt 09-01- 2024, Xl.Construction of CC Road toPamapana Varalakshmi (H) 2. Dara China from 1. KandikatlaDharmayya(H) chittiya(H) to Dara Abbulu(H)3. Dara Venkanna (H) to Agriculture Field 4. ChevalaSubhakar Rao(H) to Dara Janu Raju site 5. GandiChinnayya(H) to Chevala Subbarao Site in Nandarada Village of RajanagaramMandal under an /2023-24 dt 09-01-2024,Agreement no. Xll.Construction Of Community Hallat Chakradwarabandham GP At Arundathipeta of Rajanagaram Mandal under an Agreement no. /2023- 24 dt 10-01-2024, respectively for Gadapa Gadapaku Mana Prabhutvam programme and for consequential direction seeking direction to the respondents to release the final bill amounts forthwith along with the interest payable to the petitioner on the principal amount and pass 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 to direct the respondents to pay the amounts of Rs.4,16,015/-, Rs.4,22,879/-, Rs.4,15,179/-, Rs.4,09,553/-, Rs.4,22,681/-, Rs.4,22,681/-, Rs.4,22,879/-, 3 Rs.3,83,481/-, andRs.3,46,560/-,Rs.3,76,385/-,Rs.4,10,867/-, Rs.4,14,552/- payable to the petitioner for the works i.e., payable to the petitioner after the successful completion of the execution of 12 works i.e.,: I.Formation of BT road from Plot No.784 to Plot No.693 in SVL Nagarof Palacharla (v) of Rajanagaram Manda/under Agreement No. /2023-24 dt 31-01-2024, II. . Formation of BT road from Plot No.604 to Plot No.569 in SVL Nagar of Palacharla (v) of Rajanagaram Mandal under an Agreement no. /2023-24 dt 31-01-2024, III. . Formation of BT road from Plot No.903 to Plot No.916 in SVL Nagar of Palacharla (v) of Rajanagaram Mandal under an Agreement no. /2023-24 dt 12-10-2023, IV. Formation of BT road from Palacharla - Dosakayalapalli R AND B Road to Plot no.903 in SVL Nagar of Palacharla (v) of RaJanagaramMandalu nder an Agreement no. /2023-24 dt 12-10-2023, V.Formation of BT road from Plot no.836 to Plot No.784 in SVL Nagar of Palacharla Village of Rajanagaram Mandal under an Agreement no /2023-24 dt 12-10-2023 VI.Formation of BT road from Plot No.916 to Plot No.836 in SVL Nagar of Palacharla Village of Rajanagaram Mandalunder an Agreement no. /2023-24 dt 12-10-2023 VII.Formation of BT road from Plot No.569 to Plot No.495 in SVL Nagar of Palacharla Village of RaJanagaramMandal under an Agreement no. /2023-24 dt 31-01-2024 Viii.Formation of BT road from Plot No.693 to Plot No.604 In SVL Nagar of Palacharla Village of Rajanagaram Mandal under an Agreement /2023-24 dt 31-01-2024, ix. Construction of CC Road from 1. lyyalaApparao(H) to Chellaboyina ramakrishna Site 2. Agraharapu Surya Rao(H) to BaditaboyinaChakrayya(H) in Nandarada Village of Rajanagaram Mandal under an Agreement no. /2023-24 dt 09-01-2024 X.Construction of CC Road from 1. Agraharapu Subbarao (H) to Kukkala Chandra Rao(H) 2. Tekumudi Narasimha Bhai(H) 3. VannumVenkanna (H) Murthy(H) to VanumSakku to TekumudiVeerabbayi (H) 4. Guthula Ramana Supply Company to ToketiSatyavathi (H) in Nandarada Village Of Rajanagaram Mandal under an Agreement no. /2023- 24 dt 09-01- 2024, Xl.Construction of CC Road toPamapana Varalakshmi (H) 2. Dara China from 1. KandikatlaDharmayya(H) chittiya(H) to Dara Abbulu(H)3. Dara Venkanna (H) to Agriculture Field 4. ChevalaSubhakar Rao(H) to Dara Janu Raju site 5. GandiChinnayya(H) to Chevala Subbarao Site in Nandarada Village of RajanagaramMandal under an /2023-24 dt 09- 01-2024,Agreement no. Xll.Construction Of Community Hallat Chakradwarabandham GP At Arundathipeta of Rajanagaram Mandal under an Agreement no. /2023- 24 dt 10-01-2024, respectively for “Gadapa Gadapaku Mana Prabhutvam” programme and for consequential direction seeking direction to the respondents to release the final bill amounts forthwith along with the interest payable to the petitioner on the principal amount and pass Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 4 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: Heard Sri G.Yaswanth, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.48,63,712/-, payable to the petitioner in relation to the works i.e., i) Formation of BT road from Plot No.784 to Plot No.693 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, ii) Formation of BT Road from Plot No.609 to Plot No.569 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, iii) Formation of BT Road from Plot No.903 to Plot No.916 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, iv) Formation of BT road from Palacharla- Doskayalapalli R&B Road to Plot No.903 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, v) Formation of BT Road from Plot No.836 to Plot No.784 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, vi) Formation of BT Road from Plot No.916 to Plot No.836 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, vii) Formation of BT Road from Plot No.569 to Plot No.495 in SVL Nagar of Palacharla Village of Rajanagaram Mandal, viii) Formation of BT Road from Plot No.693 to Plot No.604 in SVL Nagar of Palacharla Village of Rajanagaram Mandal and ix) 5 Construction of CC road from 1. Iyyala Apparao House to Chellaboyina Ramakrishna site, 2. Agraharapu Surya Rao House to Baditaboyina Chakrayya House in Nandarada Village of Rajanagaram Mandal. The Quality Control team inspected on 10.04.2024 and submitted a report on 17.04.2024. Despite the completion of the work, the amount was not released to the petitioner. 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of Executive Engineer, PRI Division, Rajmahendravaram - 4th respondent dated 01.09.2025. 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.48,65,128/-. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement. 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 1 2025 SCC online SC 1400 6 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 4th 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.48,65,128/- (Rupees Forty Eight Lakhs Sixty Five Thousand One Hundred and Twenty Eight only) payable to the petitioner regarding execution of the aforementioned work, within a period of four (04) months from the date of receipt of 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: 16.02.2026 SNI 7 186 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1311 OF 2025 Date: 16.02.2026 SNI