APHC010018682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1351/2024 Between: 1. P CHANDRA, S/O. SEENAIAH, AGED ABOUT 35 YEARS, OCC CULTIVATOR, R/O. KOTTHURU RAMANNA PALEM, KODAVALURU, SPSR NELLORE DISTRICT. ...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 SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE PANCHAYATH SECRETARY, RAMACHANDRAPURAM GRAMA PANCHAYATH, VIDAVALUR MANDAL, SPSR NELLORE DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VIDAVALUR MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): p. 2 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount of Rs. 1,45,650/-, Rs. 1,53,343/-, Rs. 1,72,498/-, Rs. 1,19,789/-, Rs.1,73,206/-, Rs. 1,73,385/-, Rs. 1,74,999/-, Rs. 1,73,246, Rs. 1,46,800/-, Rs. 1,69,615/-, Rs. 1,73,347/- and Rs.1,72,099/- with a totaling of Rs. 17,74,592 vide M Book No. 101- A/19-20, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Laying of Internal CC Roads at Ramachandrapuram Village of Ramachandrapuram Gram Panchayat in Vidavalur Mandal of SPSR Nellore District, under GP 14th FC Funds is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs. 1,45,650/-, Rs.1,73,206/-, Rs. 1,46,800/-, Rs.1,19,789/-, Rs. 1,73,246, Rs. 1,53,343/-, Rs. 1,73,385/-, Rs.l,69,615/-, Rs.1,73,347/- and Rs.1,72,099/- with a totaling of Rs.17,74,592 vide M Book No. 101-A/19-20 with interest @24 percent per Rs. 1,72,498/-, Rs. 1,74,999/-, annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2024 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. 1,45,650/- , Rs.1,53,343/-, Rs. 1,72,498/-, Rs.1,19,789/-, Rs. 1,73,206/-, Rs. 1,73,385/-, Rs. 1,74,999/-, Rs. 1,73,246, Rs. 1,46,800/-, Rs. 1,69,615/-, Rs. 1,73,347/- & Rs. 1,72,099/- with a totaling of Rs,17,74,592 vide M Book No. 101-A/19-20 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Laying of Internal CC Roads at Ramachandrapuram Village of Ramachandrapuram Gram Panchayat in Vidavalur Mandal of SPSR Nellore District, under GP 14th FC Funds, forthwith, pending disposal of the Writ Petition and pass IA NO: 2 OF 2024 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 grant leave to the petitioner/5th and 6th respondent to file counter in WP No 1351 of 2024 in the interest of justice and pass p. 3 Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 3. GP FOR FINANCE PLANNING (AP) The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.17,74,592/- payable to the petitioner in relation to the works executed by the petitioner i.e. laying of internal CC roads at Ramachandrapuram Village, Vidavalur Mandal of SPSR Nellore District under GP 14th FC funds, as illegal and arbitrary. 2. Heard Ms. M. Sumalatha, learned counsel for the petitioner and Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents 1 to 4 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondents 5 & 6. 3. A counter-affidavit was filed on behalf of respondents 5 & 6. In para No.3, it was contended that the petitioner executed the subject works and it appears, M-Book has also been prepared by the authorities concerned. In para No.4, it was contended as follows: <It is respectfully submitted in response to the averments made in para 4 & 5 the answering respondent submits that the answering respondent has already paid an amount of Rs.10,11,251/- on 17-06- 2022 vide CFMS Nos.2022-313070, 2022-313116 & 2022-313067 p. 4 towards the part payment over the subject works. The petitioner having received the said amounts failed to disclosed the said facts before the Hon’ble Court. It would be relevant to state here that due to lack of funds, the answering respondent is not in position to pay the remaining amount over the subject works. The answering respondent will clear the remaining amounts as soon as the amounts are adjusted to the answering respondent Gram Panchayat. The averments which are not specifically denied by this answering respondent are deemed to be denied. Hence, filing this counter affidavit bringing the facts to this notice of this Hon’ble Court praying to pass approp0riate orders in the interest of justice.= 4. Learned counsel for the petitioner did not refute the averments made in the counter-affidavit filed on behalf of respondents 5 & 6. 5. Thus, as seen from averments made in the counter-affidavit filed on behalf of respondents 5 & 6, there is no dispute regarding the execution of work 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 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 averments made in the counter-affidavit filed on behalf of respondents 5 & 6, the Writ Petition is disposed of, directing the respondents to release the remaining balance amount payable to the petitioner regarding p. 5 1 2025 SCC online SC 1400 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: 11.03.2026 TVN p. 6 209 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1351 of 2024 Date: 11.03.2026 TVN