APHC010075612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5277/2026 Between: 1. K VENKATA TEJA, S/O. R.KESAVA MURTHY, AGED ABOUT 32 YEARS, OCC CHAIRMAN OF HABITATION WORKS COMMITTEE, RIO. THEERTHAM, BAIREDDYPALLE MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, RTRAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. - 3. 3. THE SUPERINTENDING ENGINEER RWS S, CHITTOOR DIVISION, CHITTOOR DISTRICT. - 4. THE EXECUTIVE ENGINEER RWS S, CHITTOOR DIVISION, CHITTOOR 5. THE DEPUTY EXECUTIVE ENGINEER RWS S, PALAMANER, CHITTOOR DISTRICT.- 6. THE ASSISTANT ENGINEER, RWS BAIREDDYPALLE, CHITTOOR DISTRICT. C 6. THE THEERTHAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, THEERTHAM VILLAGE, BAIREDDYPALLE, 2 CHITTOOR DISTRICT 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER, CHITTOOR, CHITTOOR 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 a Writ or Order or a direction more particularly in a nature of Writ of Mandamus declaring the action of the Respondents not releasing the payment of the final bill amount the action of the respondents in not releasing the final bill amount gross value of Rs. 1,39,200/- to the petitioner along with interest for the works done by the petitioner in pursuance of agreement entered in to with the 4th respondent vide agreement dated 02.11.2023 for construction of C.C. Draine from Umashankar House to Salamma House at Theertham Habitation of Theertham Gram Panchayat, Baireddipalle Mandal, Chittoor District as illegal, arbitrary and violation of the principles of natural Justice and unconstitutional and consequently direct the respondents to release the payment of bill amounts with interest @24PERCENT per annum for the delayed amount to the petitioner in respect of execution of the work 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 to pass an interim direction pending disposal of the Writ Petition, directing the Respondents to release the final bill amount of Rs. 1,39,200/- payable to the petitioner in relation to the works i.e.. for construction of C.C. Drain from Umashankar House to Salamma House at Theertham Habitation of Theertham Gram Panchayat, Baireddipalle Mandal, Chittoor District forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3 3. GP FOR FINANCE PLANNING The Court made the following order: Heard Sri K.Raghu Veer, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 6, 8 and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 7th respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing the gross amount of Rs.1,39,200/- payable to the petitioner in relation to the work executed i.e., Construction of CC Drain from Uma Shankar House to Salamma House at Theertham Habitation of Theertham Gram Panchayat of Baireddypalli Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, RWS&S Division, Chittoor – 4th respondent dated 23.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.1,39,200/- and the net amount payable to the petitioner after statutory deductions of Rs.15,442/-, is Rs.1,23,758/-. 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 the aforementioned work and the petitioner’s entitlement for Rs.1,23,758/-. 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 1 2025 SCC online SC 1400 4 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 Executive Engineer, RWS&S Division, Chittoor – 4th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.1,23,758/- (Rupees One Lakh Twenty Three Thousand Seven Hundred and Fifty Eight only) payable to the petitioner regarding execution of aforementioned work, 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: 24.03.2026 SNI 5 154 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5277 of 2026 Date: 24.03.2026 SNI