APHC010049272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2667/2024 Between: 1. DEVALLA RAVI, S/O. DEVALLA VEERABHADRA RAO, AGED ABOUT 51 YEARS, OCC CONTRACTOR, R/O. D. NO 4-12, ILAPAKURRU , ILAPAKURRU VILLAGE, ILAPAKURRU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOUSING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. A P STATE HOUSING CORPORATION LTD, , 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 5. THE SUPERINTENDING ENGINEER, (DELEGATED WITH POWERS OF CE) APSHCL HEAD OFFICE, VIJAYAWADA. 6. THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. Page 2 of 5 7. THE DISTRICT HEADHOUSING, WEST GODAVARIDISTRICT,BHIMAVARAM. 8. THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARIDISTRICT,BHIMAVARAM. 9. THE DIVISION HEAD HOUSING, NARASAPURAM DIVISION, NARASAPURAM, WEST GODAVARI DISTRICT. 10. THE DEPUTY EXECUTIVE ENGINEER, SUB-DIVISION, PALAKOL, A.P. STATE HOUSING CORPORATION LTD, PALAKOL, WEST GODAVARI DISTRICT. 11. THE GRAM PANCHAYAT, , GANGADAPALEM, REP. BY ITS SECRETARY, GANGADAPALEM VILLAGE, ELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. 12. THE GRAM PANCHAYAT MATLAPALEM, REP. BY ITS SECRETARY, MATLAPALEM VILLAGE, ELAMANCHILI MANDAL, WEST GODAVARI 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works of Formation of Approach Roads, Culverts, Shifting of Electrical lines and Filling of Low-lying Lands in YSR Jagananna layout colonies of West Godavari District i.e., 1) Amount of Rs. 2,57,633/-, for the work Construction of Approach Road in YSR Jagananna housing colony in Rs. No. 556/40, 559/5A (054417LA112343) in Gangadapalem Village of Yelamanchili Mandal in West Godavari District, vide its M. Book No. 25/2022-23, and Agreement No. 49/NSP/2023, 2) Amount of Rs. 2,57,306/-, for the work Construction of Approach Road to Jaganna housing colony in RS No. 361/3A2 (054416LA112362) in Matlapalem Layout - 1 in Matlapalem (V) of Elamanchili Mandal, West Godavari District, vide its M. Book No. 13/2022-23 and Agreement No. 19/NSP/2023, totaling an amount of Rs. 5,14,939/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 5,14,939/- forthwith for the above said works executed by the petitioner and to pass p. 3 IA NO: 1 OF 2024 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 respondents to consider for payment of amount of Rs. 5,14,939/-for the works executed by the petitioners for Formation of Approach Roads, Culverts, Shifting of Electrical lines and Filling of Low-lying Lands in YSR Jagananna layout colonies of West Godavari District i.e., pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 3. GP FOR HOUSING (AP) 4. GP FOR FINANCE PLANNING (AP) The Court made the following order : Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner; learned Assistant Government Pleader for Housing Board, for respondent No.1; learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 2 and 4 and learned standing counsels for respondents 3, 5 to 10, 11 and 12. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.5,14,939/- (Rs.2,57,633/- + Rs.2,57,306/-) payable to the petitioner in relation to the work executed i.e. „1) Approach Road at Matlapalem Layout-1 of Yelamanchili Mandal and 2) Approach Road at Gangadapalem (ID.054417LA112344), Yelamanchili Mandal, in pursuance of agreements dated 10.02.2023 and 25.06.2023, respectively, as illegal and arbitrary. Page 4 of 5 3. Today, when the matter is taken up, learned standing counsel for Housing Board submitted the instructions of the District Head Housing (FAC), West Godavari District, Bhimavaram, wherein it is stated as follows: “Accordingly, issued revised guidelines through circular No.624/APSHCL/E&P/Critical Infra/2024/General/Court cases Dt.11-09-2025 of the Managing Director, AP State Housing Corporation Ltd. i.e., obtaining the proposals from the executing department by the DHH-West Godavari District, inspection of work by DHHs, sending proposals from District Collector, sending proposals by the housing Department to the Finance Department, release of BRO by the Finance Department, allocation of budget to the executing department and uploading of bills in NIDHI portal by the executing department and clearance of bill by the Finance Department.  The fund proposals were submitted to the Managing Director, APSHCL, on 23-10-2025.  The Managing Director, APSHCL, forwarded the budget proposals to the Government on 20-01- 2026.  However, the budget has not yet been allocated by the Finance Department.” 4. The instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.5,14,939/- and the net amount payable to the petitioner after standard deductions of Rs.67,329/-, is Rs.5,77,524/-. The written instructions are made as part of the record. Page 5 of 5 5. Learned counsel for the petitioner endorses the same. The learned counsel for the petitioner paid the deficit Court Fee of Rs.100/- and filed a memo along with e-Pay Receipt, vide USR No.35734/26. 6. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner‟s entitlement for Rs.5,77,524/-. 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.” 7. Given the instructions furnished by the District Head Housing (FAC) West Godavari District, Bhimavaram, the Writ Petition is disposed of directing the respondents to release the amount of Rs.5,77,524/- (Rupees Five Lakhs Seventy Seven Thousand Five Hundred and Twenty Four only) payable to the petitioner regarding execution of aforementioned work, within two (02) 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: 23.03.2026 IKN/JLSR 1 2025 SCC online SC 1400