APHC010104812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5613/2025 Between: 1. S V S ENGINEERING AND COMPANY, REP. BY ITS PROPRIETOR S V SUBRAHMANYAM, S/O. BALA SESHAIAH, AGED ABOUT 58 YEARS, OCC CONTRACTOR, R/O. H.NO.7-271, NEHRU BAZAR, MARKAPUR, PRAKASAM DISTRICT, PINCODE 523316. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND . RURAL DEVELOPMEIIT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, D.NO. 12-47, PATHURU X ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE JOINT COMMISSIONER, JALAKALA, PANCHAYAT RAJ 8R, RURAL DEVELOPMENT, PVS ICON, D.NO. 12-47, PATHURU X ROAD, TADEPALLI, GUNTUR DISTRICT. 5. THE DIRECTOR JALAKALA AND WATERSHEDS, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, D.NO. 12-47, PATHURU X ROAD, TADEPALLI, GUNTUR DISTRICT. Page 2 of 4 6. THE PROJECT DIRECTOR, , DISTRICT WATER MANAGEMENT AGENCY (DWMA), ONGOLE, PRAKASAM DISTRICT. 7. THE CHIEF EXECUTIVE OFFICER, , AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 not releasing the Withheld Amount @ 2 percentage and EMD & FSD @ 10 percentage amounts of Rs.1,85,863/- & Rs.9,12,336/- with a Grand Total of Rs. 10,98,199/-, even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e. Drilling of bore well under YSR Jalakala Programme (YSR Rythu Bharosa) under Jalakala (YSR Rythu Bharosa) Grant is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the Withheld Amount @ 2 percentage and EMD and, FSD @ 10 percentage amounts of Rs. 1,85,863/- 86 Rs.9,12,336/- with a Grand Total of Rs.10,98,199/-, to the petitioner in respect of above-mentioned work forthwith and pass 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 to direct the respondents to release the Withheld Amount @ 2% and EMD & FSD @ 10% amounts of Rs.1,85,863/- & Rs.9,12,336/- with a Grand Total of Rs. 10,98,199/-, to the petitioner in respect of work i.e.. Drilling of bore well under YSR Jalakala Programme (YSR Rythu Bharosa) under Jalakala (YSR Rythu Bharosa) Grant, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH 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 Suresh Kumar Reddy Kalava, learned counsel for the petitioner and 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 Withheld Amount @ 2% EMD & FSD @ 10% amounts of Rs.1,85,863/- & Rs.9,12,336/- with a Grand Total of Rs.10,98,199/-, even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e. Drilling of bore well under YSR Jalakala Programme (YSR Rythu Bharosa) under Jalakala (YSR Rythu Bharosa) Grant, 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 the 6th respondent. 4. A perusal of the said instructions would disclose that while submitting the Bills the details are shown as “Bill returned to DDO as per Article 39 & 50 of A.P. Financial Code” was displayed on the CFMS site. The concerned work bills were not pushed to PAO’s login, due to the above reason and whenever the issue is cleared by the CFMS authorities, those will be pushed to PAO’s login for making withheld payments to the petitioner. Thus, it is clear that the total amount payable to the petitioner is Rs.10,98,199/- i.e. withheld amount @2% EMD and 10% FSD. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.10,98,199/-. Since the amount payable is admitted and undisputed, the writ petition is p. 4 maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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 furnished by the 6th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.10,98,199/- (Rupees Ten Lakhs Ninety Eight Thousand One Hundred and Ninety Nine 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 PVD 1 2025 SCC online SC 1400