APHC010058412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3081/2025 Between: 1. M/S PAIDALA TIRUPATHI REDDY AND BROTHERS, REP. BY ITS BY MANAGING PARTNER PAIDALA TIRUPATHI REDDY SON OF P.JAYARAMI REDDY, AGED ABOUT 55 YEARS, SPECIAL CLASS CIVIL CONTRACTOR, D.NO.L/1266-A, BUNGALOW THOTA, NAWABPETA, NELLORE, AP-524002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, , PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE PROJECT DIRECTOR, APRRP PROJECT 86 ENGINEER-IN- CHIEF, PANCHAYAT RAJ, BANDAR ROAD, ZP COMPOUND, VIJAYAWADA. 4. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ, KURNOOL, KUMOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, ADONI, KURNOOL DISTRICT. ...RESPONDENT(S): p. 2 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, writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein for not releasing the admitted amount as admitted by the 5th respondent herein to the tune of Rs.21,76,61,535-00 (Twenty one crores, seventy six lakhs, sixty one thousand and five hundred and thirty five only) as executed by the petitioner through vide Agreement No /2018- 19 dated 05.03.2019 of the package vide Lr.No.AE4/DEE/Package-41/Notice to proceed the work/KRN.d/2018 DATED 05.03.2019 of 52 road works of Kurnool District is not sanctioned by the respondents is arbitrary, illegal, unconstitutional and contrary to the public Trust and public interest and consequently direct the respondents herein to release the said amount of Rs.21,76,61,535-00 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 process the bill dated 18.10.2024 of gross amount of Rs.21,76,61,565-00 (Twenty one crores, seventy six lakhs, sixty one thousand and five hundred and thirty five only) as admitted by the 5*^ respondent forthwith, pending disposal of the above said writ petition 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 May be pleased to grant Leave for filing of the Counter Affidavit in WP.No.3081 of 2025 and pass Counsel for the Petitioner: 1. SODUM ANVESHA 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.21,76,61,535/- in relation to the work executed by the petitioner i.e. Package No.41/APRRP/PRED/KRNL/Road/002, which consists of 52 road works in Kurnool District, pursuant to Agreement No.Nil/2018-19, dated 05.03.2019, is illegal and arbitrary. 2. Heard Sri Smt. Sodum Anvesha, 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. A counter-affidavit was filed on behalf of respondent No.3. At para Nos.6 & 7, it was stated as follows: “6. I humbly submit that with regard to “Package No.41 APRRP/PRED/KRNL/ ROADS/002 Consists of 52 Road works in Alur, Adoni, Yemmiganur and Mantralayam Constituencies in Kurnool District” with agreementNo.34/2018-19 dt. 05.03.2019 the Gross amount for the work done by the Writ petitioner is Rs. 21,76,61,535/- (Twenty One Crores Seventy Six Lakhs Sixty One Thousand Five Hundred and Thirty Five Only) and after statutory deductions of Rs.1,70,68,641/-(One Crore Seventy Lakshs Eight Thousand Six hundred and Forty One Only) the net amount payable to the petitioner is Rs. 20,05,92,894/- (Twenty Crores Five Lakshs Ninety Two Thousand Eight Hundred and Ninety Four Only). 7. It is respectfully submitted the after scrutiny of the measurement book the work bill was uploaded in NIDHI module vide ID.No.2024- 9025886 Dt.18.10.2024 and in CFMS portal vide Id. No. 2025-797260. Dt.02.06.2025 for gross amount of Rs. 21,76,61,535/- (Twenty One Crores Seventy Six Lakhs Sixty One Thousand Five Hundred and p. 4 Thirty Five Only). Now the bill status is showing as „”waiting for Fund Clearance”.” 4. Learned counsel for the petitioner did not refute the averments made in the counter-affidavit filed on behalf of respondent No.3. 5. Thus, as seen from the averments made in the counter-affidavit filed on behalf of respondent No.3, there is no dispute regarding the execution of work and the petitioner‟s entitlement for Rs.20,05,92,894/-. 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.”. 6. Given the averments made in the counter-affidavit filed on behalf of respondent No.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.20,05,92,894/- payable to the petitioner regarding execution of the aforementioned work, within six (06) 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: 05.03.2026 TVN p. 5 1 2025 SCC online SC 1400 200 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3081 of 2025 Date: 05.03.2026 TVN