APHC010036892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2457/2026 Between: 1. M HARINATHA REDDY, S/O M. SUBBA REDDY, AGED ABOUT 50 YEARS, OCC- CONTRACTOR, R/O D.NO. 11-245-6-2-3A, RAVINDRA NAGAR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. (522238) 2. THE DISTRICT COLLECTOR, CHITTOR AND CHAIRMAN, DMF TRUST, ANNAMAYYA DISTRICT. (516269) 3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ, CHITTOOR. (517501) 4. THE EXECUTIVE ENGINEER, P.R.I DIVISION, MADANAPALLE. (516269) 5. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. (522238) ...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 2 pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of CC Ut and Final Bill, Net Amount of Rs. 82,44,850/- (Gross Amount of Rs.92,78,617/-) under CFMS No. 2025-1874613 even after finalizing the bills payable to the petitioner in relation to the work i.e.. Upgradation of Road from Madanapalle-Angallu Road to Jagan Colony H/o Kollabylu-1 G.P. in Madanapalle Mandal of Annamayya Disb per the Agreement No. /2025-26, Dt. 19.04.2025 is questioned, as the same is illegal, arbitrary and violative of Articles 14, 16, 19 and 300- A of Constitution of India and consequently direct the respondents to consider for payment of CC 1st and Final Bill, Net Amount of Rs. 82,44,850/- (Gross Amount of Rs.92,78,617/-) under CFMS No. 2025- 1874613 with an interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 to DIRECT the respondents to consider for payment of CC Dt & Final Bill, Net Amount of Rs. 82,44,850/- (Gross Amount of Rs.92,78,617/-) under CFMS No. 2025-1874613 with an interest of 24% per annum for the delayed amount to the petitioner in respect of execution of works i.e., “Upgradation of Road from Madanapalle-Angallu Road to Jagan Colony H/o Kollabylu-1 G.P. in Madanapalle Mandal of Annamayya Dist” as per the Agreement No. /2025- 26, Dt. 19.04.2025 pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, Sri P. Rajesh Kumar, 3 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 respondent authorities in not paying the 1st and Final bill amount of Rs.82,44,850/- (gross amount of Rs.92,78,617/-) payable to the petitioner for the work executed by him i.e., upgradation of Road from Madanapalle-Angallu Road to Jagan Colony H/o Kollabylu-1 Gram Panchayat, Madanapalle Mandal, Annamayya District, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner has completed the work, and the authorities have uploaded the bill in CFMS Portal vide CFMS Bill ID.No.2025-1874613. 4. Today, when the matter is taken up for consideration learned Assistant Government Pleader for Panchayat Raj, submitted instructions, furnished by the Principal Secretary to Government, Finance Department, dated 05.03.2026 5. Thus, as seen from the instructions, a bill amount of Rs.92,78,617/- (gross amount) was uploaded in CFMS Portal vide CFMS Bill ID No.2025- 187613 and is waiting for fund clearance. The instructions are made part of the record. 6. Since the amount payable to the petitioner 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. 1 2025 SCC online SC 1400 4 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.” 7. Given the instructions furnished by the Principal Secretary to Government, Finance Department, the Writ Petition is disposed of directing the respondents to release an amount of Rs.82,44,850/- (Rupees Eighty Two Lakhs Forty Four Thousand Eight Hundred and Fifty only) payable to the petitioner regarding execution of the aforementioned work, within five (05) 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: 09.03.2026 SNI 5 235 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2457 of 2026 Date: 09.03.2026 SNI