APHC010069862025 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: 3948/2025 Between: 1. V SRIKANTH REDDY, S/O. JAYARAMIREDDY, AGED ABOUT 36 YEARS, OCC NOMINEE WORKS COMMITTEE, R/O. K.UPPALAPADU VILLAGE, KONDEPI MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ AND RURAL DEVELOPMENT (RWS-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 4. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, ONGOLE, PRAKASAM DISTRICT. 5. THE SUPERINTENDING ENGINEERS, RURAL WATER SUPPLY AND SANITATION DIVISION ONGOLE, PRAKASAM DISTRICT. Page 2 of 5 6. THE DEPUTY EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION, SUB-DIVISION, SINGARAYAKONDA, PRAKASAM DISTRICT. 7. THE ASSISTANT ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION KONDEPI, PRAKASAM DISTRICT 8. THE K UPPALAPADU GRAM PANCHAYATHY, REP. BY IT'S PANCHAYAT SECRETARY, K.UPPALAPADU, KONDEPI MANDAL, PRAKASAM 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount worth of Rs.2,67,505/-(Rupees Two lakhs Sixty seven thousand and five hundred five only) with interest vide Agreement Agt No. /2021- 22 dated.25.01.2022 with M-Book No.47/A/2021 under grant NPl to the petitioner till today after completion of execution of Work Providing Water Supply to YSR Jagananna Colony for houses Construction purpose at K.Uppalapadu layout in K.Uppalapadu Village of Kondepi Mandal and causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs.2,67,505/-(Rupees Two lakhs Sixty seven thousand and five hundred five only) with interest vide Agreement Agt No. 1/2022-23 dated. 16.04.2022 with interest vide Agreement Agt No. /2021-22 dated.25.01.2022 with M-Book No.47/A/2021 payable to the petitioner herein with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith and to pass such 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 may be pleased to direct the respondents to release the amounts worth, of Rs.2,67,505/-(Rupees Two lakhs Sixty seven thousand and five hundered p. 3 five only) with interest vide Agreement Agt No.1/2022-23 dated. 16.04.2022 with interest vide Agreement Agt No.2021/22 dated.25.01.2022 with M-Book No.47/A/2021 payable to the petitioner herein with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order : Heard Sri Shaik Meeravali, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1 to 7 and Sri M. Sudhir, learned standing counsel or respondent No.8. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.2,67,505/- payable to the petitioner in relation to the work executed i.e. „Providing water supply to YSR Jagananna Colony for houses Construction purpose at K. Uppalapadu layout in K. Uppalapadu village of Kondepi Mandal‟ in pursuance of agreement dated 25.01.2022, as illegal and arbitrary. Page 4 of 5 3. Today when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Assistant Executive Engineer, RWS & S, Kondepi Mandal. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner is Rs.2,67,505/-, subject to statutory deductions / QC recovery. The written instructions are made as part of the record. 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.2,67,505/-. 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 Assistant Executive Engineer, RWS & S, Kondepi Mandal, the Writ Petition is disposed of directing the respondents to release the amount of Rs.2,67,505/- (Rupees Two Lakhs Sixty p. 5 1 2025 SCC online SC 1400 Seven Thousand Five Hundred and Five only), payable to the petitioner regarding execution of aforementioned work, subject to deductions / QC recovery, if any, 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