APHC010045232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2716/2025 Between: 1. N V G CONSTRUCTIONS, REP., BY ITS MANAGING PARTNER, K. VISWANATH S/O HANUME GOWDU, AGED ABOUT 38 YEARS, OCC CONTRACTOR, HAVING ITS OFFICE AT D.NO.2-5, 2ND FLOOR, ROOM NO.1, THOTAKANUMA VILLAGE, VENKATAGIRI KOTA MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR 3. THE EXECUTIVE ENGINEER, PRI DIVISION, CHITTOOR, CHITTOOR DISTRICT 4. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,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 issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of part bills Net Amount of p. 2 Rs. 16,16,308/- (Gross Rs. 17,67,148/-), under the CFMS.No.2023-9003970 even after finalizing the bills payable to the petitioner in relation to the work i.e Construction of CC Road from to Ele. Sub Station at Padigalakuppam H/o Kongatam GP in V.Kota mandal, vide Agreement No.296/2023-24, Dt. 16.10.2023 is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to consider for payment of part bills Net Amount of Rs. 16,16,308/- (Gross Rs. 17,67,148/-), under the CFMS.No.2023-9003970 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 2025 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 pa3mient of part bills Net Amount of Rs. 16,16,308/- (Gross: Rs. 17,67,148/-), under the CFMS.No.2023-9003970 with regard to the completion of work i.e “Construction of CC Road from to Ele. Sub Station at Padigalalcuppam H/o Kongatam GP in V.Kota mandal, vide Agreement No.296/2023- 24, Dt. 16.10.2023” with an interest @24% per annum for the delayed amount to the petitioner, 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 REVENUE 3. 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.16,16,308/- relating to the work executed by the petitioner i.e. Constructions of CC road from KP road to Ele. Sub Station at Padigalakuppam H/o Kongatam GP in V. Kota Mandal, p. 3 pursuant to Agreement No.296/2023-24, dated 16.10.2023, is illegal and arbitrary. 2. Heard Sri P. Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, 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, Chittoor – respondent No.3. 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.17,67,148/-. After QC recovery, i.e. Rs.1,50,840/-, the net amount payable to the petitioner is Rs.16,16,308/-. 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 work and the petitioner’s entitlement for Rs.16,16,308/-. 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.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.16,16,308/- 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: 07.03.2026 TVN p. 5 84 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2716 of 2025 Date: 07.03.2026 TVN