APHC010053402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3684/2026 Between: 1. VINNAKOTA VENKATA SUBBA RAO, ,S/O SOMESWARA RAO, OCC CONTRACTOR, AGED 48 YEARS, DOOR NO. 1-158, SANARUDRAVARAM VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT, AP-521343. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS. PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 3. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT-534006. 4. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, ELURU, ELURU DJSTRICT.534006 5. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S DIVISION, KAIKALURU, ELURUDISTRICT-521333. 6. THE ASSISTANT EXECUTIVE ENGINEER, RWS AND S DIVISION, MUDINEPALLI MANDAL, ELURU DISTRICT-521325. 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 tomay be pleased to issue a writ, order or direction more particularly the nature of WRIT OF MANDAMUS declaring the action of respondents in non- compliance of funds with the different Measurement Book numbers (i).M.Book No. 492B/RWS and S/D/EUR/2022-23 (ii) 494B/RWS and S/D/EUR/2022-23 for providing C.C. Drain from Bandi Raj Kumar House to Bandi Satya Narayana House and MPP School to Abbisetti Venkateswara Rao House at Edepalli Village, Mudinepalli Mandal, Eluru District and Providing CC drain from Gotru Ramakrishna House to Pantagani Nageswara Rao House at Singaram H/o Penumalli Village of Mudinepalli Mandal GadapaGadapaku Mana Prabhuthvam Program (GGMP) as illegal, irregular, arbitrary, violative of Articles 14, 21 and 300-A of Constitution of India and one in Eluru District under the consequently direct the respondents to pay the amounts with interest as per the aforesaid Measurement Book Numbers under the GadapaGadapaku Mana Prabhuthvam (GGMP) Grants, forthwith to the petitioner and pass such 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 may be pleased to direct the respondents to pay the amounts payable to the petitioner regarding works executed by the petitioner with the different Measurement Book numbers (i).M.Book No. 492B/RWS&S/D/EUR/2022-23 (ii) 494B/RWS&S/D/EUR/2022-23 for providing C.C. Drain from Bandi Raj Kumar House to Bandi Satya Narayana House and MPP School to Abbisetti Venkateswara Rao House at Edepalli Village, Mudinepalli Mandal, Eluru District and Providing CC drain from Gotru Ramakrishna House to Pantagani Nageswara Rao House at Singaram H/o Penumalli Village of Mudinepalli Mandal, Eluru District under the GadapaGadapaku Mana Prabhuthvam Program (GGMP) grant, with the net amount of Rs.7,97,663/- for the aforesaid works,pending disposal of the main writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. SOURI BABU DUPPATI p. 3 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 amount of Rs.7,97,663/- payable to the petitioner in relation to the works executed by the petitioner i.e. (1) Providing CC drain from Bandi Raju Kumar (H) to Bandi Satyanarayana (H) and MPP School to Abbisetti Venkateswara Rao (H) at Edepalli Village, Mudinepalli (M) and (2) Providing CC drain from Gottu Ramkrishna (H) to Panthagani Nageswara Rao (H) at Singaram H/o Penumalli Village, Mudlnepalli (M), as illegal and arbitrary. 2. Heard Sri D. Souri Babu, 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. 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, Eluru – 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.8,92,310/-, and after QC recovery, i.e. Rs.94,647/-, the net amount payable to the petitioner is Rs.7,97,663/-. 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.7,97,663/-. Since the p. 4 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.”. 6. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.7,97,663/- 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: 11.03.2026 TVN p. 5 1 2025 SCC online SC 1400 185 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3684 of 2026 Date: 11.03.2026 TVN