APHC010086002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4360/2023 Between: 1. GORLA CHAKRAPANI REDDY, S/O. G. OBUL REDDY, AGED ABOUT 53 YEARS, OCC. CONTRACTOR, R/O. D. NO. 15/5-16-6, REDDAPPA NAIDU COLONY, MADANAPALLE, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, ADMINISTRATION PANCHAYATI RAJ, ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOR (ANNAMAYYA) DISRICT. 5. THE SUPERINTENDENT ENGINEER, HANDRI NIVA SUJALA SRAVANTHI (HNSS) CIRCLE-III MADANAPALLE, CHITTOOR (ANNAMAYYA) DISTRICT. 6. THE EXECUTIVE ENGINEER, HANDRI NIVA SUJALA SRAVANTHI (HNSS), DIVISION-12, KUPPAM AT MADANAPALLE, CHITTOOR 2 (ANNAMAYYA) 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 of Mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of amount Rs.7,55,964/- even after finalizing the bill payable to the petitioner in relation to the execution of work i.e., .Laying of CC Road for approach from Main Road to HNSS Circle Officer Building, Madanapalle, Chittoor District now Annamayya District. Vide Agreement No. 21A SE/2017-18 dated. 22.02.2017 as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay the above mentioned amounts to the petitioner in respect of execution of afore mentioned work forthwith with interest and to pass IA NO: 1 OF 2023 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 direct the respondents to pay amount of Rs. 7,55,964 /- payable to the petitioner in respect of work i.e. Laying of CC Road for approach from Main Road to HNSS Circle Officer Building, Madanapalle, Chittoor District now Annamayya District with interest, pending disposal of the Writ Petition pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MD SALEEM Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRI AND CAD 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: Heard Sri Shaik Meeravali, learned counsel representing Sri Md.Saleem, learned counsel for the petitioner, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & 3 Finance and Planning Department, for the respondents 1 to 4 and Sri Narisangh Rao, learned Assistant Government Pleader for Irrigation and Command Area Development for the respondents 5 and 6. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.7,55,964/- in relation to the work executed by the petitioner i.e., Laying of CC Road for approach from Main Road to HNSS Circle Officer Building, Madanapalle, Chittoor District, vide Agreement No.21A SE/2017-18 dated 22.02.2017, despite the completion of the work, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that an agreement was entered into by the petitioner and the 5th respondent, vide Ex.P1. Pursuant to the said agreement, the petitioner executed the work; however, the amount was not released. 4. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Irrigation and Command Area Development submitted written instructions of the Executive Engineer, HNSS Division No:12, Kuppam – 6th respondent dated 25.02.2026, wherein it is stated as follows: “Further, the work bill was submitted for payment during the financial year 2024-25 and the bill was returned to DDO on 31.03.2025 due to year end activity under Article 39 & 50 of the A.P. Account Code Volume-I. 4 In view of the above, it is also to submit that, due to technical and administrative issues the bill was not submitted for payment and LOC is also available for the work. Duly after rectifying the technical issues the bill will be submitted and arrange the payment to the Contractor.” 4. A perusal of the instructions, the work was completed in all respects. However, due to technical and administrative issues, the bill was not submitted for payment, and LOC is also available for the work. After rectifying the technical issues, the bill will be submitted, and the payment will be arranged with the Contractor. 5. Thus, as seen from the instructions, there is no dispute regarding the balance amount of Rs.7,55,964/- payable to the petitioner. 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.”. 6. Given the instructions, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.7,55,964/- (Rupees Seven 1 2025 SCC online SC 1400 5 Lakhs Fifty Five Thousand Nine Hundred and Sixty Four Only) payable to the petitioner regarding execution of the 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: 25.02.2026 SNI 6 268 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4360 of 2023 Date: 25.02.2026 SNI