APHC010028392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2060/2026 Between: 1. TIYYAGURA KOTI REDDY,, S/O. SUBBA REDDY, AGED 57 YEARS, D.NO.3-29-39/F, 7TH LANE, KRISHNA NAGAR,GUNTUR-522006 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2. THE DISTRICT COLLECTOR AND MAGISTRATE, GUNTUR DISTRICT 3. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, GUNTUR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRIRT ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 34,87,302/- (Rupees p. 2 Thirty Four Lakhs Eighty Seven Thousand Three Hundred and Two only) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the Six works namely 1.Constructionof CC Drains from Shaik palnati Mouta Buda (H) TO Shaik chinna masthan (H) AND Sk.Baji (H) TO Ashartali (H) IN Turakapalem Habitation in Dokiparru Village of Medikonduru(M) vide Agreement No.130 /20223-24, Dated. 29-1-2024 (Rs.5,51,638/-)II. Construction of pipe culvert beside Ice Company at perecharla(V) OF Medikonduru (M) vide Agreement No.04/2023-24, Dated. 20.06.2023 (Rs.2,46,834/-)III. Construction of CC Drains from Nelapati Yesamma (H) To Yadlapalli Veeraiah (H) IN SC Colony in Medikonduru(V and M) vide Agreement No.107/2023-24, Dated. 20-12-2023 from Udatha Venkayamma (H) TO Vagu in Dokiparru Habitation in Dokiparru Village of medikonduru mandal vide Agreement No. 41/2023-24, Dated. 5.02.2024 (Rs. 3,68,532/-) V. Construction of CC Drains from Ambedhkar Statue to Melam Masthanamma(H) IN Dokiparru Village of Medikonduru(M) Vide Agreement no.131/2023-24,Date 29.01.2024(Rs.8,62,715/-) VI.Construction of CC Drains from pokala malla Reddy to Sub center in SP Colony at perecharla (v) of Medikonduru(M) Vide Agreement no.07/2023-24,Date 20.06,2023(Rs.4,61,9321-) as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 34,87,302/- (Rupees Thirty Four Lakhs Eighty Seven Thousand Three Hundred and Two only) with interest @ 24percent per annum for the delayed amount till date of realization for the works excuted by the petitioner (Rs. 9, 95, 651/-)1 V. Construction of CC Drains from Udatha Venkayamma (H) TO Vagu in Dokiparru Habitation in Dokiparru Village of medikonduru mandal vide Agreement No. 41/2023-24, Dated. 5.02.2024 (Rs. 3,68,532/-) V. Construction of CC Drains from Ambedhkar Statue to Melam Masthanamma(H) IN Dokiparru Village of Medikonduru(M) Vide Agreement no.131/2023-24,Date 29.01.2024(Rs.8,62,715/-) VI.Construction of CC Drains from pokala malla Reddy to Sub center in SP Colony at perecharla (v) of Medikonduru(M) Vide Agreement no.07/2023-24,Date 20.06,2023(Rs.4,61,9321-) as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 34,87,302/- (Rupees Thirty Four Lakhs Eighty Seven Thousand Three Hundred and Two only) with interest @ 24percent per annum for the delayed amount till date of realization for the works e ecuted by the petitioner p. 3 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 consider releasing the amounts Rs. 34,87,302/- (Rupees Thirty Four Lakhs Eighty Seven Thousand Three Hundred and Two only) payable to the petitioner herein, pending disposal of the Writ petition Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Smt. Devasri Roshan K, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.34,87,302/- (Rs.5,51,638/- + Rs.2,46,834/- + Rs.9,95,651/- + 3,68,532/- + Rs.8,62,715/- + Rs.4,61,932/-), payable to the petitioner in relation to execution of the works i.e. 1) Construction of CC Drains from Shaik Palnati Mouta Buda (H) to Shaik Chinna Masthan (H) and Sk. Baji (H) to Ashartali (H) in Turakapalem Habitation in Dokiparru Village of Medikonduru (M), 2) Construction of pipe culvert beside Ice Company at Perecharla (V) of Medikonduru (M), 3) Construction of CC Drains from Nelapati Yesamma (H) to Yadlapalli Veeraiah (H) in SC Colony in Medikonduru (V & M), 4) Construction of CC Drains from Udatha Venkayamma (H) to Vagu in Dokiparru Habitation in Dokiparru Village, Medikondur Mandal, 5) Construction of CC Drains from Ambedkar Statue to p. 4 melam Masthanamma (H) in Dokiparru village of Medikonduru (M) and 6) Construction of CC Drains from Pokala Malla Reddy to Sub center in SP Colony at Percharla (V) of Medikonduru (M), 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.3. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a value of Rs.34,87,302/- and the net amount payable to the petitioner after QC Recovery / statutory deductions of Rs.3,28,594/-, is Rs.31,58,708/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of aforementioned work and the petitioner’s entitlement for Rs.31,58,708/-. 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. 5 1 2025 SCC online SC 1400 7. Given the instructions furnished by respondent No.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.31,58,708/- (Rupees Thirty One Lakhs Fifty Eight Thousand Seven Hundred and Eight only) payable to the petitioner regarding execution of the aforementioned work, within four (04) 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: 24.02.2026 IKN p. 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2060 of 2026 Date: 24.02.2026 IKN