APHC010039162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2526/2026 Between: 1. MARNNI PERRAJU, , S/O.POTHURAJU, AGED ABOUT 56 YEARS, OCC CONTRACTOR, R/O. H.NO.1 - 84, PONGUTURU VILLAGE, WEST GODAVARI (ELURU) DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522 238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522 238 3. THE DISTRICT COLLECTOR, WEST GODAVARI (ELURU) DISTRICT AT ELURU. 534 001 4. THE EXECUTIVE ENGINEER EE, PANCHAYAT RAJ DEPARTMENT, PRI DIVISION, JANGAREDDIGUDEM W.G (ELURU) DISTRICT. 534 447 5. THE DEPUTY EXECUTIVE ENGINEER DY EE, PANCHAYAT RAJ DEPARTMENT, PRI SUB DIVISION, KOYYALAGUDEM, W.G (ELURU) DISTRICT. 534 312 6. THE ASSISTANT EXECUTIVE ENGINEER ASST EE, PANCHAYAT RAJ DEPARTMENT, BUTTAYAGUDEM, W.G (ELURU) DISTRICT. Page 2 of 5 534 448 7. GAVARAVARM GRAM PANCHAYAT, CHOPPARAMANNAGUDEM VILLAGE, KOYYALAGUDEM MANDAL, W.G (ELURU) DISTRICT, REP.BY ITS PANCHAYAT SECRETARY. 534 312 8. THE PAY AND ACCOUNTS OFFICER, ELURU, W.G (ELURU) DISTRICT. 534 001 ...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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not making the payment for the two works for an amount of Rs.8,00,000/- covered under the M-Book No. 60A/20J/2016-17 (Rs.5,00,000/-) and (Rs.3,00,000/-) respectively for construction of CC roads from R and B Road to Ramayalam and for construction of CC road in Chopparamannagudem Village SC Area, Gavaravaram Gram Panchayat, Koyyalagudem Mandal, Eluru District as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further direct the respondents to clear the bill of Rs.8,00,000/- including interest @24 percent per annum 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 grant interim direction directing the respondents to provide quality control report and pass order and pay the bill amount of Rs.8,00,000/- including interest @ 24% per annum two works for an amount of Rs.8,00,000/- covered under the M-Book NO.60A/20J/2016-17 (Rs.5,00,000/-) and (Rs.3,00,000/-) respectively for construction of CC roads from R & B Road to Ramayalam and for construction of CC road in Chopparamannagudem Village, SC Area, Gavaravaram Gram Panchayat, Koyyalagudem Mandal, Eluru District to the petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. Rajulapati Praveen Kumar Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 3 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 the amount of Rs.8,04,589/- payable to the petitioner in relation to the works executed by the petitioner i.e. providing internal CC roads in Movvapalem Village and Mandal, Krishna District, as illegal and arbitrary. 2. Heard Sri R. Praveen Kumar, 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 6 & 8 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel appeared for respondent No.7. 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, PR Division, Jangareddigudem – respondent No.4. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.7,22,079/-, and after statutory deductions, i.e. Rs.76,058/-, the net amount payable to the petitioner is Rs.6,46,021/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.6,46,021/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. p. 4 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 instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.6,46,021/- 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: 30.03.2026 TVN p. 5 1 2025 SCC online SC 1400 236 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2526 of 2026 Date: 30.03.2026 TVN