APHC010078122026 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: 4507/2026 Between: 1. MADDAMSETTI NAGA MALLESWARA RAO, S/O.VENKATESWARA RAO AGED ABOUT 55 YEARS, OCC BUSINESS, R/O.D.NO.4/179-2- 6, THOTAMULA VILLAGE, PEDANA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - PANCHAYAT RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. -522503 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY - FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. -522238. 3. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT. -521002. 4. THE SUPERINTENDING ENGINEER SE, PR CIRCLE - MACHILIPATNAM, 0PP. PWD GROUNDS, VIJAYAWADA, KRISHNA DISTRICT. -522303. 5. THE EXECUTIVE ENGINEER EE, PANCHAYAT RAJ DEPARTMENT, PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. -521001. Page 2 of 4 6. THE DEPUTY EXECUTIVE ENGINEER DY EE, PANCHAYAT RAJ DEPARTMENT, PRI SUB DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. -521001. 7. KONKEPUDI GRAM PANCHAYAT, KONKEPUDI, PEDANA MANDAL, KRISHNA DISTRICT, REP BY ITS PANCHAYAT SECRETARY. - 521366. HE DISTRICT MINES AND GEOLOGY OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. -521001. 8. THE DISTRICT MINES AND GEOLOGY OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. -521001. ...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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not making the payments for total amount of Rs.9,18,820/- (Rs.4,93,278/- and Rs.4,25,542/-) for two works for providing CC roads in Konkepudi Village and Penumalli village of Pedana Mandal, Krishna District as illegal, arbitrary and violation of Articles 14, 21 and 300- A of the Constitution of India and further direct the respondents to clear the bill of Rs.9,18,820/- 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 grant interim direction directing the respondents to pay the bill amount of Rs.9,18,820/- (Rs.4,93,278/- & Rs.4,25,542/-) for two works for providing CC roads in Konkepudi Village and Penumalli village of Pedana Mandal, Krishna District to the petitioner forthwith, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. B V ANJANEYULU 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 : Heard Sri B.V. Anjaneyulu, 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 6; Sri Y. Koteswara Rao, learned standing counsel for respondent No.7 and learned Assistant Government Pleader for Mines and Geology, for respondent No.8. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.9,18,820/- (Rs.4,93,278/- + Rs.4,25,542/-) payable to the petitioner in relation to the work executed i.e. „1) Providing Internal CC Roads in Konkepudi Village of Pedana Mandal and 2) Providing Internal CC Roads in penumalli Village of Pedana Mandal‟, as illegal and arbitrary. 3. Today when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer (FAC), PRI Division, Machilipatnam. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.9,29,431/- and the net amount payable to the petitioner after QC recovery/withheld amount of Rs.1,25,884/-, is Rs.8,03,547/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. The petitioner has paid a Court Fee of Rs.100/- and the petitioner shall pay the deficit Court Fee of Rs.100/- within one week from the receipt of the order copy and file a memo to that effect. 7. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner‟s entitlement for Rs.8,03,547/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. p. 4 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.” 8. Given the instructions furnished by the Executive Engineer (FAC), PRI Division, Machilipatnam, the Writ Petition is disposed of directing the respondents to release the amount of Rs. 8,03,547/- (Rupees Eight Lakhs Three Thousand Five Hundred and Forty Seven only) payable to the petitioner regarding execution of 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 Date: 23.03.2026 IKN/JLSR 1 2025 SCC online SC 1400