APHC010074792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4972/2026 Between: 1. GADDE PUSHPA RANI,, W/O.VENKATA RAMANJANEYULU (LATE), AGED ABOUT 42 YEARS, OCC HOUSEWIFE, R/O.D.NO.C32, DONDAPADU VILLAGE, GUDIVADA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - PANCHAYAT RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY - FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 3. THE AP STATE HOUSING CORPORATION LIMITED, 2ND FLOOR, RIVER VIEW BUILDING, TADEPALLI, GUNTUR DISTRICT, REP.BY ITS MANAGING DIRECTOR.-522501. 4. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT-521002. 5. THE SUPERINTENDING ENGINEER SE, PR CIRCLE - MACHILIPATNAM, 0PP. PWD GROUNDS, VIJAYAWADA, KRISHNA DISTRICT-521001. 6. THE EXECUTIVE ENGINEER EE, PANCHAYAT RAJ DEPARTMENT, p. 2 PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT-521001. 7. THE DEPUTY EXECUTIVE ENGINEER DY EE, PANCHAYAT RAJ DEPARTMENT, PRI SUB DIVISION, MACHILIPATNAM, KRISHNA DISTRICT-521001 8. THE PROJECT DIRECTOR DISTRICT HEAD HOUSING, AP STATE HOUSING CORPORATION LIMITED, 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 tomay 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.3,49,898/- (Rs.2,49,959/- plus Rs.99,939/-) for construction of internal roads in layout ID.No.064203LA104180 and approach road in layout ID.NO.064203LA104193, Dondapadu village, Gudivada 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.3,49,898/- 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.3,49,898/- (Rs.2,49,959/- + Rs.99,939/-) for construction of internal roads in layout ID.No.064203LA104180 and approach road in layout ID.NO.064203LA104193, Dondapadu village, Gudivada Mandal, Krishna District for two works 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. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING p. 3 CORPORATION LIMITED) 3. GP FOR FINANCE PLANNING 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 the respondents 1, 2, 4 to 7, and Sri K.Mallikarjuna Moorthy, learned Standing counsel for the respondents 3 and 8. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.3,49,898/- (Rs.2,49,959/- + Rs.99,939/-) payable to the petitioner in relation to the works executed i.e., i) Construction of internal roads in layout, and ii) Approach road in lay of Dondapadu Village, Gudivada Mandal, Krishna District vide Work ID.Nos.064203LA104180 and 064203LA104193, 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, PRI Division, Machilipatnam – 6th respondent dated31.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.3,49,898/- and the net amount payable to the petitioner after statutory deductions of Rs.47,828/-, is Rs.3,02,070/-. 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 works and the petitioner’s entitlement for Rs.3,02,070/-. Since the amount payable is admitted and undisputed, the writ p. 4 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 Executive Engineer, PRI Division, Machilipatnam – 6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.3,02,070/- (Rupees Three Lakhs Two Thousand and Seventy only) payable to the petitioner regarding execution of aforementioned works, 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: 01.04.2026 SNI p. 5 1 2025 SCC online SC 1400 241 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4972 of 2026 Date: 01.04.2026 SNI