APHC010018522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1476/2026 Between: 1. ATLURI VENKATESWARARAO, S/O VENKATA SUBBARAO, AGED ABOUT 51 YEARS, OCC. BUSINESS/ CONTRACTOR, R/O D.NO. 6- 9777/3, DANGE NAGAR,VIJAYAWADA, NTR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 3. THE DISTRICT COLLECTOR, VIJAYAWADA, NTR DISTRICT520002 4. THE EXECUTIVE ENGINEER, PRI DIVISION, VIJAYAWADA, NTR DISTRICT 520002 5. THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION,S.D, JAGGAIAHPETA NTR DISTRICT 521175 6. THE ASSISTANT EXECUTIVE ENGINEER, PRI DIVISION, JAGGAIAHPETA, NTR DISTRICT 521175 ...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 toPleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the payments for the works executed by the petitioner in relation to Construction of New CC Roads in New YSR Jagananna Colony at Mukthyala Village, Jaggaihpeta Mandal, NTR District to the tune of Rs. 13,00,000/- (Thirteen Lakhs) as bad, illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith release the payments due to the petitioner to the tune of Rs. 13,00,000/- (Thirteen Lakhs) along with interest from the date of entry in M-Books and 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 Pleased to direct the respondents to forthwith release the payment for the works executed by the petitioner in relation to Construction of New CC Roads in New YSR Jagananna Colony at Mukthyala Village, Jaggaihpeta Mandal, NTR District to the tune of Rs. 13,00,000/- (Thirteen Lakhs) and pass Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. 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.13,00,000/- relating to the work executed by the petitioner i.e. construction of CC roads in New YSR Jagananna Colony of Mukthyala Village, Jaggayyepata Mandal, pursuant to Agreement No.126/2022-23, dated 04.01.2023 (Ex.P1), as illegal and arbitrary. Page 3 of 5 2. Heard Sri D.V. Sasidhar, 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, PRI Division, Vijayawada – respondent No.4. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It would further indicate that the total value of the work done by the petitioner is Rs.11,97,653/-, and after deductions, i.e. Rs.98,565/-, the net amount payable to the petitioner is Rs.10,99,088/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as per the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.10,99,088/-. 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.”. p. 4 1 2025 SCC online SC 1400 6. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.10,99,088/- 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: 17.02.2026 TVN p. 5 307 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1476 of 2026 Date: 17.02.2026 TVN