APHC010104602026 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: 5940/2026 Between: 1. WORKS COMMITTEE, PEDARAVURU VILLAGE, REP. BY ITS MEMBER, SRI KAKI MOSES, S/O. SHOWRY, AGED 76 YEARS, OCC. CONTRACTOR, R/O. D. NO.4-54, CHINNAPALLI, PEDARAVURU, NELAPADU, GUNTUR DISTRICT-522 202. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AP-522238. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AP-522238. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT, AP-522501 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR, AP- 522004. 5. THE PEDARAVURU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PEDARAVURU VILLAGE, TENALI MANDAL GUNTUR DISTRICT, AP-522202. Page 2 of 5 6. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, GUNTUR, GUNTUR DISTRICT, AP-522001. 7. THE DY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, TENALI, GUNTUR DISTRICT, AP-522001. ...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 an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not,releasing the admitted bill amount of Rs.3,45,036/- in respect of execution of work for 'Construction of CC Drain from ZP Road to Dammu Guravaiah Flouse in Chinnapalli of Pedaravuru (V) in Tenali (M) (RWS-5078-1619) vide Agreement No. /2023-24, dated 07.09.2023 under GGMP grant in Pedaravuru Village, Pedaravuru Grama Panchayat in Tenali Mandal, Guntur District, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, consequently direct the respondents to release the bills amount of Rs.3,45,036/-, due to the petitioner in respect of execution of two works forthwith interest of 18percent and to pass 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 bill amount of Rs.3,45,036/- towards the execution of work for “Construction of CC Drain from ZP Road to Dammu Guravaiah House in Chinnapalli of Pedaravuru (V) in Tenali (M) (RWS- 5078- 1619) vide Agreement No. /2023-24, dated 07.09.2023 under GGMP grant in Pedaravuru Village, Pedaravuru Grama Panchayat in Tenali Mandal, Guntur District, immediately, pending disposal of main writ petition and pass Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 3 2. GP FOR FINANCE PLANNING The Court made the following order: Heard, Sri Siva Sankara Rao Borra, 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 4, 6 and 7, and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 5th respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.3,45,036/- payable to the petitioner in relation to the work executed i.e., Construction of CC Drain from ZP Road to Dammu Guravaiah House in Chinnapalli of Pedaravuru Village, Tenali Mandal, vide Agreement No…/2023-24 dated 07.09.2023, 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, RWS&S Division, Guntur –6th respondent dated 26.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.3,45,036/- and the net amount payable to the petitioner after statutory deductions of Rs.39,390/-, is Rs.3,05,646/-. 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 work and the petitioner’s entitlement for Rs.3,05,646/-. 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: p. 4 1 2025 SCC online SC 1400 “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, RWS&S Division, Guntur –6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.3,05,646/- (Rupees Three Lakhs Five Thousand Six Hundred and Forty Six only) payable to the petitioner regarding execution of aforementioned work, 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: 31.03.2026 SNI p. 5 211 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5940 of 2026 Date: 31.03.2026 SNI