APHC010130802025 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: 7114/2025 Between: 1. K RAGHU RAMI REDDY, S/O. K. ADINARAYANA REDDY AGED ABOUT 44 YEARS, R/O. H.NO.1-137, BUKKAPURAM (V), MAHANANDI (M), NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, . REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINNANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) NANDYAL DISTRICT'AT NANDYAL. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, NANDYAL. Page 2 of 6 SRS,J W.P.No.7114 of 2025 6. THE BUKKAPURAM VILLAGE GRAM PANCHAYAT, REP. BY ITS SECRETARY MAHANANDI MANDAL, NANDYAL DISTRICT. 7. THE DIRECTOR M G N R E G SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA KRUSHI BHAVAN, NEW DELHI. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamusto to declaring the action of the respondent authorities not releasing the total pending Amount of Rs. h,48,215/- vide M Book No. 5512B, for the work of Construction of Grama Sachivalayam Building New at Location Bukkapuram, Well ness Centre and RBK building in Bukkapuram village of Mahanandi Mandal of Kurnool District for the material cost and the labour supplied by the petitioner In a villages under convergence funds in Mahanandi Mandal in Kurnool District, as per agreements to the petitioner till today and causing heavy loss with interest even though total work were completed as per the agreements as illegal, arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and consequently direct the respondents to release the total Pending amounts of Rs.1,48,215/-, and to 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 pleased to direct the respondents to release the total Pending amount of Rs. 1,48,215/-, providing the Construction of Grama Sachivalayam Building New at Location Bukkapuram, Well ness Centre and RBK building in Bukkapuram village of Mahanandi Mandal of Kurnool District., and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): p. 3 SRS,J W.P.No.7114 of 2025 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department and Sri M.Sudhir, learned Standing Counsel for Gram Panchayat, 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.1,48,215/- in relation to the work executed by the petitioner i.e. ‘Construction of Grama Sachivalayam Building at Bukkapuram Village of Mahanandi Mandal, 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, Panchayat Raj Division, Nandyal – respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the p. 4 SRS,J W.P.No.7114 of 2025 petitioner after statutory deductions is Rs.1,42,598/-. 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 work and the petitioner’s entitlement for Rs.1,42,598/-. 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.”. 7. Given the instructions furnished by respondent No.5, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,42,598/- (Rupees One Lakh Forty Two Thousand Five Hundred and Ninety Eight only) payable to the petitioner regarding execution of the aforementioned work, p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.7114 of 2025 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: 02.02.2026 JLV p. 6 SRS,J W.P.No.7114 of 2025 160 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7114 of 2025 Date: 02.02.2026 JLV