APHC010022412026 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: 1560/2026 Between: 1. SRI SRI VIGNESWARA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, V. SURESH REDDY, S/O. V. RAMANJANEYA REDDY, AGED ABOUT 56 YEARS, RIO. D.NO.25/27, SANJEEVA NAGAR, NANDYAL, KURNOOL DISTRICT, NOW IN NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT AND RURAL WATER SUPPLY AND SANITATION DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. 2. THE RURAL WATER SUPPLY AND SANITATION DEPARTMENT, REP. BY ITS ENGINEER-IN-CHIEF, VIJAYAWADA 3. 3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ /. RURAL WATER SUPPLY SANITATION DIVISION, KADAPA, YSR KADAPA DISTRICT 4. Page 2 of 5 SRS,J W.P.No.1560 of 2026 4. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY SANITATION DIVISION KADAPA, YSR KADAPA DISTRICT 5. 5. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT AT KADAPA 6. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR 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 to 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 Counsel for the Petitioner: 1. G RAMESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard G. Ramesh Babu, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. Page 3 of 5 SRS,J W.P.No.1560 of 2026 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.21,89,116/-, payable to the petitioner for execution of work i.e. „Providing Drinking Water Facility to R and R Centre of GGS Thanda, H/o Kolumulopalli of C.K. Dinne Mandal‟, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner is Rs.21,89,116/-. 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 the aforementioned works and the petitioner‟s entitlement for Rs.21,89,116/-. 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 p. 4 1 2025 SCC online SC 1400 SRS,J W.P.No.1560 of 2026 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 6. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of directing the respondents to release an amount of Rs.21,89,116/- (Rupees Twenty One Lakhs Eighty Nine Thousand One Hundred and Sixteen only) payable to the petitioner regarding execution of the aforementioned work, 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 IKN p. 5 SRS,J W.P.No.1560 of 2026 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1560 of 2026 Date: 17.02.2026 IKN