APHC010046812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2978/2026 Between: 1. THE WORKS COMMITTEE, AMEENABAD VILLAGE AND GRAM PANCHAYAT, REP. BY ITS CHAIRMAN SMT. KORIVI CHINNA, W/O. KORIVI ANANDA RAO AGED 50 YEARS, R/O.H.NO.2-167, VEMULURI PADU AMINABADA, AMEENABAD, GUNTUR DISTRICT, ANDHRA PRADESH - 522 529. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO FINANCE AND PLANNING DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, ANDHRA PRADESH.522003 4. THE DISTRICT PANCHAYAT OFFICER, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 522003 5. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.522003 6. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION- LL, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 522003 p. 2 ...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, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in releasing the pending bill due to the petitioner for the work done i.e. 1) Construction of Two side CC Drains from YSR Statue Chinna Maseedu (H) to Nimmakayala Chettu in Ameenabad Village of Phirangipuram Mandal to the tune of Rs.2,80,788/- (Rupees Two Lakhs Eighty Thousand Seven Hundred Eighty Eight) with reference to Agreement No. /GGMP/2023-24 dt.06.08.2023 2) Construction of Two side CC Drains from NTR Statue to E.E.S.A. Master (H) in Ameenabad Village of Phirangipuram Mandal to the tune of Rs.3,15,235/- (Rupees Three Lakhs Fifteen Thousand Two Hundred Thirty Five Only) with reference to Agreement No. /GGMP/2023-24 dt.06.08.2023 and 3) Construction of Two side CC Drains from Patalam Babavali (H) to Patalam Mastanvali (H) in Ameenabad Village of Phirangipuram Mandal to the tune of Rs.2,52,663/- (Rupees Two Lakhs Fifty Two Thousand Six Hundred Sixty Three Only) with reference to Agreement No. /GGMP/2023-24 dt.06.08.2023 followed by M-Book vide M.B.NO.34A/2022-23 dt.27.02.2024 issued by the 5th Respondent totaling to an amount of Rs.8,48,686/- (Rupees Eight Lakhs Forty Eight Thousand Six Hundred Eighty Six Only) is being illegal, arbitrary, unwarranted, capricious and unconstitutional 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 leased to direct the respondents to release the pending bills due to the petitioner for the work done to tune of Rs.8,48,686/- (Rupees Eight Lakhs Forty Eight Thousand Six Hundred Eighty Six Only) in terms of the Agreement No. /GGMP/2023-24 dt.06.08.2023 followed by M-Book vide M.B.NO.34A/2022-23 dt.27.02.2024 issued by the 5th Respondent and pass Counsel for the Petitioner: 1. MASALEGAR HIDAYATHULLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING p. 3 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.8,48,686/- in relation to the works executed by the petitioner i.e. (i) Construction of two side CC drains from YSR Statue Chinna Maseedu (H) to Nimmakayala Chettu in Ameenabad Village, Phirangipuram Mandal, (ii) Construction of Two side CC drains from NTR statue to E.E.S.A. Master (H) in Ameenabad Vilalge, Phirangipuram Mandal and (iii) Construction of two side CC drains from Patalam Babavali (H) to Patalam Mastanvali (H) in Ameenabad Village, Phirangipuram Mandal, as illegal and arbitrary. 2. Heard Sri M. Hidayathulla, 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, RWS&S Division, Guntur – respondent No.5. 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.9,67,651/-, and after QC recovery, i.e. Rs.1,18,965/-, the net amount payable to the petitioner is Rs.8,48,686/-. 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.8,48,686/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. Page 4 of 5 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.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.8,48,686/- 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: 03.03.2026 TVN p. 5 1 2025 SCC online SC 1400 217 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2978 of 2026 Date: 03.03.2026 TVN