APHC010048122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2990/2026 Between: 1. SRI. GOTTIPATI SRIDHAR GOPALA KRISHNA,, S/O. RAMMOHAN RAO, AGED 51 YEARS, OCC. CONTRACTOR, R/O. D.NO.74-13/1-9C NEW RTC COLONY, AUTONAGAR, VIJAYAWADA, NTR DISTRICT- 520007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, TENALI, GUNTUR DISTRICT-522202. 3. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ SUB DIVISION, TENALI, GUNTUR DISTRICT-522202. 4. THE ASSISTANT ENGINEER, PANCHAYAT RAJ DEPARTMENT, KOLLIPARA MANDAL, KOLLIPARA, GUNTUR DISTRICT-522304. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. Page 2 of 5 SRS,J W.P.No.2990 of 2026 6. THE PAY AND ACCOUNTS OFFICER, FINANCE AND PLANNING DEPARTMENT, GUNTUR, GUNTUR DISTRICT-522001. 7. THE PROJECT DIRECTOR, AP STATE HOUSE CORPORATION LTD., NAGARAMPALEM, GUNTUR-522004. ...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 topleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondents in non-, compliance of under M-Book No.142B/14-15 and work ID No.072908LA103635 pursuant to OTS (One Time Settlement) grant to. cost for the material and men supplied by the Petitioner for Levelling of House Sites in Phase-1 layout at Chivaluru Village, Kollipara Mandal, Guntur District for an amount of Rs.7,25,445/- as illegal, irregular, irrational and violation of Article 14, 19(1)(g) and 21 of the Constitution of India, and consequently direct the Respondents to comply forthwith by releasing Petitioner bill amount Rs.7,25,445/- pursuant to OTS grant funds 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 pleased to direct the Respondents to forthwith release the bill amount of Rs.7,25,445/- vide M-Book N0.142B/14-15 and work ID No.072908LA103635 pursuant to OTS (One Time Settlement) grant to cost for the material and men supplied by the Petitioner for “Levelling of House Sites in Phase-1 layout at Chivaluru Village, Kollipara Mandal, Guntur District” pending disposal of the above writ petition and pass IA NO: 2 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 May be pleased to permit me to bring the proposed Respondent No.7 as Respondent No.7 in I.A.No.1 of 2026 and also in the W.P.No.2990 of 2026 and pass Counsel for the Petitioner: p. 3 SRS,J W.P.No.2990 of 2026 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 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 bill amount of Rs.7,25,445/-, payable to the petitioner for execution of works i.e., leveling of house sites in Phase-1 layout at Chivaluru Village, Kollipara mandal, Guntur District, as illegal and arbitrary. 2. Heard Sri M.Gowtham, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appearing for respondent Nos.1 to 7. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.2. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the balance amount payable to the petitioner is Rs.5,17,493/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. p. 4 SRS,J W.P.No.2990 of 2026 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.5,17,493/-. 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 respondent No.2, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,17,493/- (Rupees Five Lakhs Seventeen Thousand Four Hundred and Ninety Three Only) 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: 12.03.2026 JLV p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.2990 of 2026 291 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2990 of 2026 Date: 12.03.2026 JLV