APHC010059032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3543/2026 Between: 1. MANGUNURU KONDAREDDY,, S/O KOTI REDDY, AGED ABOUT 62 YEARS, OCC CONTRACTOR/BUSINESS, R/O H. NO. 4-46/B, PEDAVARAM, NTR DISTRICT - 521185 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522237 3. THE DISTRICT COLLECTOR, VIJAYAWADA, NTR DISTRICT 520012 4. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, VIJAYAWADA 520012 5. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, VIJAYAWADA NTR DISTRICT 520012 6. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S,SUB-DIVISION, NANDIGAMA NTR DISTRICT 520012 ...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 a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the payments for the works executed by the petitioner in relation to Construction of CC Drains with Cover Slab at Katarapu Manikyam House to Nelpula prasad House in Pallagiri Village, Nandigama Mandal, NTR District to the tune of Rs.3,50,000/- (Three Lakhs Fifty Thousand), Construction of CC Drains with Cover Slab at CSI School to Velpula Yesupadam house in Pallagiri Village Nandigama Mandal to the tune of Rs. 5,00,000 (Five Lakhs), Constriction of CC Drains with cover slab at Chintapalli Paparao House to Kuraganti Yesobu house in Pallagiri Village, Nandigama Mandal to the tune of Rs. 3,50,000/- (ThreeLakhs Fifty Thousand), totalling to the tune of Rs. 12,00,000/- (Twelve Lakhs) as bad, illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the amounts to the tune of Rs. 12,00,000/- (Twelve Lakhs) along with interest from the date of entry in M-Books forthwith 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 forthwith release the payment for the works executed by the petitioner in relation to Construction of CC Drains with Cover Slab at Katarapu Manikyam House to Nelpula Prasad House in Pallagiri Village, Nandigama Mandal, NTR District to the tune of Rs. 3,50,000/- (Three Lakhs Fifty Thousand), Construction of CC Drains with Cover Slab at CSl School to Velpula Yesupadam house in Pallagiri Village, Nandigama Mandal to the tune of Rs. 5,00,000 (Five Lakhs), Constriction of CC Drains with cover slab at Chintapalli Paparao House to Kuraganti Yesobu house in Pallagiri Village, Nandigama Mandal to the tune of Rs. 3,50,000/- (Three Lakhs Fifty Thousand), totalling to the tune of Rs. 12,00,000/- (Twelve Lakhs) forthwith and pass such Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 3 2. GP FOR FINANCE PLANNING The Court made the following: ORDER Heard Sri D.V.Sasidhar, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the payments for the works executed by the petitioner in relation to Construction of CC Drains with Cover Slab at Katarapu Manikyam House to Nelpula prasad House in Pallagiri Village, Nandigama Mandal, NTR District to the tune of Rs.3,50,000/- (Three Lakhs Fifty Thousand), Construction of CC Drains with Cover Slab at CSI School to Velpula Yesupadam house in Pallagiri Village Nandigama Mandal to the tune of Rs.5,00,000 (Five Lakhs), Constriction of CC Drains with cover slab at Chintapalli Paparao House to Kuraganti Yesobu house in Pallagiri Village, Nandigama Mandal to a tune of Rs.3,50,000/- (Three Lakhs Fifty Thousand), totaling to the tune of Rs.12,00,000/- (Twelve Lakhs), as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the 5th respondent. 4. A perusal of the said instructions would disclose that the petitioner has claimed an amount of Rs.12,00,000/-. However, as per the department records, the total value of the work done is Rs.11,80,744/- and after deducting statutory recoveries of Rs.1,30,779/-, the net amount payable to the petitioner comes to Rs.10,49,965/-. The written instructions are made as part of the record. p. 4 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.10,49,965/-. 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 5th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.10,49,965/- (Rupees Ten Lakhs Forty Nine Thousand Nine Hundred and Sixty Five only) payable to the petitioner regarding execution of the aforementioned work, 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 PVD 1 2025 SCC online SC 1400