APHC010104422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5986/2026 Between: 1. BELLAM RAGHAVAIAH, , C/O. SUBBA RAO, AGED 65 YEARS, CONTRACTOR, R/O. 11-108-10/1, SAI BABA NAGAR COLONY, KOTHA PETA (RURAL), PRAKASAM DISTRICT - 523 157. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST - 523 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST - 523 238. 3. THE ENGINEER IN CHIEF, PANCHAYATRAJ DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT - 523 238. 4. THE DISTRICT COLLECTOR, BAPATIA DIST, AT CHIRALA 522 101., 5. THE SUPERINTENDENTING ENGINEER, P.R.I DIVISION, GUNTUR 522 004. 6. THE EXECUTIVE ENGINEER, P.R.I AND P.I.U DIVISION, BAPATIA 522 101. 7. THE EPUMPALEM GRAMPANCHAYAT, EPUMPALEM (V), CHIRALA (M), BAPATLA DIST - 523 166. Page 2 of 5 8. THE KOTHAPETA GRAMPANCHAYAT, CHIRALA MANDAL, BAPATIA DIST - 523 155. ...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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner work under 1. Agreement No. of m2022-23, Dt 27-07- 2023, Administrative Sanction No.48/CMDF/CRL/Dy.S.O./Plg-ll/BPT/2022 Dt.07-02- 2023 2. Agreement No. of 2022-23, Dt 27-07-2023, Administrative Sanction No.48/CMDF/CRL/Dy.S.O./Pig-ll/BPT/2022 Dt.07-02-2023 3. Agreement No. of 2022-23, Dt 24-07-2023, Administrative Sanction No.48/CMDF/CRL/Dy.S.O./Plg- of 2023-24, Dt 13-10-2023,ll/BPT/2022 Dt.31-03-2023 4. Agreement No. Progs.RC.No.H1/198/Non- OTS/Leveling/2022 total amount of Rs.24,46,190.47/- to the petitioner with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the total bill amount for the above completed works immediately with 6percent interest and to 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 to direct the respondents to release the amount of Rs.24,46,190.47/- towards payment of above final bills for the contract works under taken by the petitioner pending disposal of main writ petition pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: p. 3 ::ORDER:: Heard Sri K.L.N.Swamy, 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 and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 7 and 8. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.24,46,190.47/- payable to the petitioner in relation to the works executed by it i.e., 1) Construction of Compound Wall to the park in Kothapet GP of Vetapalem Mandal, 2) Providing internal CC Roads at Challareddy GP of Vetapalem Mandal, 3) Providing CC Roads from Boyina Mallikarjuna House to Koti Balakoteswara Rao House in Boyinavaripalem GP in Chirala Mandal and 4) Providing CC Road from Nakkala Srinivasarao House to Boyina Mallikarjuna House in Boyinavaripalem of Epurupalem GP in Chirala Mandal vide Agreement Nos…/2022-23 dated 27.07.2023, .../2022-23 dated 27.07.2023, …/2022-23 dated 24.07.2023 and …/2023-24 dated 13.10.2023, as illegal and arbitrary. 3. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PRI PIU DIvision, Bapatla – 6th respondent, dated 30.03.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned work is Rs.51,32,360/-. Out of the same, an amount of Rs.26,76,663/- was already paid to the petitioner. After statutory recovery of Rs.4,00,328/-, the balance amount payable to the petitioner is Rs.20,55,369/-. 5. Learned counsel for the petitioner endorses the same. 6. The petitioner has paid a Court Fee of only Rs.100/-, and the petitioner shall pay the deficit Court Fee of Rs.300/- within one week from the receipt of p. 4 the order copy and file a memo to that effect, failing which the Registry will take necessary steps for payment of the deficit Court Fee. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for Rs. 20,55,369/-. 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.” 8. Given the instructions furnished by the Executive Engineer, PRI PIU DIvision, Bapatla – 6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.20,55,369/- (Rupees Twenty Lakhs Fifty Five Thousand Three Hundred and Sixty Nine only) payable to the petitioner regarding execution of aforementioned works, 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: 31.03.2026 SNI p. 5 1 2025 SCC online SC 1400 202 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5986 of 2026 Date: 31.03.2026 SNI