APHC010189192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9965/2025 Between: 1. PALEPU VISHNU PHANI SRIKANTH, S/O. LAKSHMI CHENNA KESAVA PRASAD, AGED 27 YEARS, R/O.82-21-1/66, VENKATESWARA NAGAR, GAIL OFFICE AVA ROAD, DHANAVAIPETA, RAJAHMUNDRY (URBAN), EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY SPECIAL CHIEF SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, RAJAHMAHENDRAVARAM EAST GODAVARI DISTRICT. 5. ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, DOWALAISWARAM, RAJAHMUNDRY. Page 2 of 5 ...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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bills payable to the petitioner towards the completed 5 works of construction of CC Drains in various places of Satellite City-2 of Rajamahendravaram Rural, under M-Book Pass Orders I.e., I.M.Book No. 632/B/2022-23, Rs. 1,10,814'/-, 2. M.Book No. 635/B/2022-23 Rs. 4,02,180/-, 3. M.Book No. 638/B/2022-23 Rs. 2,72,888/-, 4.M.Book No. 634/B/2022-23 Rs. 2,40,948/-, 5. M.Book No. 633/B/2022-23 Rs. 2,61,563/-, all together in total Rs. 12,88,393/-, under GGMP Funds, even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending under M-Book Pass Orders I.e., 1 .M.Book No. 632/B/2022-23, Rs. 1,10,814/-, 2. M.Book No. 635/B/2022-23 Rs. 4,02,180/-, 3. M.Book No. 638/B/2022-23 Rs. 2,72,888/-, 4.M.Book No. 634/B/2022-23 Rs. 2,40,948/-, 5. M.Book No. 633/B/2022-23 Rs. 2,61,563/-, all together in total Rs. 12,88,393/-, under GGMP Funds, and pass such 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 may be pleased to direct respondent Nos: 1 to 3 to release the amount pending under M-Book Pass Orders I.e., I.M.Book No. 632/B/2022-23, Rs. 1,10,814/-, 2. M.Book No. 635/B/2022-23 Rs. 4,02,180/-, 3. M.Book No. 638/B/2022-23 Rs. 2,72,888/-, 4.M.Book No. 634/B/2022-23 Rs. 2,40,948/-, 5. M.Book No. 633/B/2022-23 Rs. 2,61,563/-, all together in total Rs. 12,88,393/-, under GGMP Funds, to the petitioner, pending disposal of the writ petition and pass such Counsel for the Petitioner: 1. RAVULA NAGARJUNA 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 :: The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.12,83,393/- payable to the petitioner in relation to the works executed by the petitioner, as illegal and arbitrary. 2. Heard Sri R. Nagarjuna, learned counsel for the petitioner and Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PRI Division, Rajamahendravaram – respondent No.4. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.15,55,438/-, and after QC recovery, i.e. Rs.2,67,045/-, the net amount payable to the petitioner is Rs.12,88,393/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.12,88,393/-. 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.=. 6. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.12,88,393/- payable to the petitioner regarding execution of the 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: 11.03.2026 TVN p. 5 214 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9965 of 2025 Date: 11.03.2026 TVN