APHC010084292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4472/2025 Between: 1. M/S. SRI DHARMA SHASTA CONTRACTORS,, OFC. AT D. NO. 18- 91, KONDAPETA, BANAGANAPALLE, NANDYALA DISTRICT, ANDHRA PRADESH - 518 124 REP. BY ITS MANAGING PARTNER APPAJU MURALIMOHAN RAO ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PR AND RD RWS EFS AND T DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL FOUNDATION, DISTRICT COLLECTORATE, NANDYALA, NANDYALA DISTRICT. 4. THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYALA, NANDYALA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, p. 2 SRS,J BANAGANAPALLE, NANDYALA DISTRICT 6. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYALA, NANDYALA 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 topleased to issue a Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents in not releasing funds amounting to Rs. 43,73,022/- even after successful completion of the work and after finalizing the bills in connection with (a) Providing Gravel road from Chakali Govindu field to Thalari Raja Shekhar field at G.Singavaram(V) Owk(M) of Nandyal District having MeasurementBook no. (1) 3074-A which was sanctioned by way of Progs. RC. No. 99/DMF/SEPR/Kurnool/2020 dated 07.12.2020 (b) Providing Gravel road from Bijinivemula to Regala fields rasta in Bijinivemula Village of Koilakuntla(M) in Nandyala District having Measurement Book no. 3110-A which was sanctioned by way of Progs. No.07/DMF/BPL-GR/NDL/2023 dated 31.08.2023 (c) Providing CC Road widening from RO Plant to Church in G.Singavaram having Measurement Book no. 3200-A which is sanctioned by way of Progs. R.No. 251/DMF/PR/BPL/2024 dated 18.02.2024 and (d) Providing internal CC Roads in New Carpenters Colony at Banaganapalli (V and M) in Nandyal District having Measurement Book no. (1) 3235-A which was sanctioned by way of Progs. RC. No. 251/DMF/PR/BPL/NDL/2024 dated 18.02.2024L/2023 dated 01.01.2024 as violative of Articles 14 and 19 of Constitution of India and declare the actions of the Respondents as illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 43,73,022/- with interest @ 24percent per annum for the delayed amount till date of realization 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 pleased to DIRECT the Respondents releasing funds amounting to Rs. 43,73,022/- even after successful completion of the work and after finalizing p. 3 SRS,J the bills in connection with (a) Providing Gravel road from Chakali Govindu field to Thalari Raja Shekhar field at G.Singavaram(V) Owk(M) of Nandyal District having Measurement Book no. (1) 3074-A which was sanctioned by way of Progs. RC. No. 99/DMF/SEPR/Kurnool/2020 dated 07.12.2020 (b) Providing Gravel road from Bijinivemula to Regala fields rasta in Bijinivemula Village of Koilakuntla(M) in Nandyala District having Measurement Book no. 3110-A which was sanctioned by way of Progs. No.07/DMF/BPL- GR/NDL/2023 dated 31.08.2023 (c) Providing CC Road widening from RO Plant to Church in G.Singavaram having Measurement Book no. 3200-A which is sanctioned by way of Progs. R.No. 251/DMF/PR/BPL/2024 dated 18.02.2024; and (d) Providing internal CC Roads in New Carpenters Colony at Banaganapalli (V&M) in Nandyal District having Measurement Book no. (1) 3235-A which was sanctioned by way of Progs. RC. No. 251/DMF/PR/BPL/NDL/2024 dated 18.02.2024L/2023 dated 01.01.2024, pending disposal of the main writ petition; Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR MINES AND GEOLOGY The Court made the following: ::ORDER :: Heard Sri Varun Byreddy, 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. 2. The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.43,73,022/- in relation to the p. 4 SRS,J works executed by the petitioner i.e., 1.Providing Gravel road at G.Singavaram (V), 2.Providing Gravel road in Bijinivemula Village, 3.Providing CC road in G.Singavaram (V) and 4.Providing internal CC roads at Banaganapalli (V&M) in Nandyal district, 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 Executive Engineer, PR (PIU) Division, Nandyal - respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.39,06,916/-. 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.39,06,916/-. 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 p. 5 1 2025 SCC online SC 1400 SRS,J 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 respondent No.4, the Writ Petition is disposed of directing the respondents to release an amount of Rs.39,06,916/- (Rupees Thirty Nine Lakhs Six Thousand Nine Hundred and Sixteen Only) payable to the petitioner regarding execution of the aforementioned works, within four (04) 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: 02.02.2026 JLV p. 6 SRS,J 159 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4472 of 2025 Date: 02.02.2026 JLV