APHC010201462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10560/2025 Between: 1. S V ENTERPRISES, REP. ITS PROPRIETOR, THOTAKURU GANAPATHI RAJU, S/O. T.V.RAMARAJU, AGED 50 YEARS, R/O.D.NO.48-2-13, SRI NAGAR, NEAR ADITYA DEGREE COLLEGE, RAMATAKIES DOWN, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF ENGINEER, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER, PR CIRCLE, VISAKHAPATNAM. THE EXECUTIVE ENGINEER (PR) PIU DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE EXECUTIVE ENGINEER, (PR) PIU DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): p. 2 SRS,J 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed amount payable i.e., Rs.72,99,876/- in respect of work i.e., Narasimhaswamy Temple Road from DIET College, Bheemili in Bheemili Constituency as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed amount payable i.e., Rs.72,99,876/- in respect of execution of afore mentioned work i.e., Narasimhaswamy Temple Road from DIET College, Bheemili in Bheemili Constituency with an interest 18 percent p.a. from the date of accepting the bills 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 pleased to direct the respondents to pay undisputed amount payable i.e., Rs.72,99,876/- in respect of work done i.e. Narasimhaswamy Temple Road from DIET College, Bheemili in Bheemili Constituency with an interest @ 18 % p.a. from the date of-liccepting the bills forthwith pending disposal of the Writ Petition and pass IA NO: 2 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 grant leave for filing counter affidavit in the writ petition No 10560 of 2025 and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: p. 3 SRS,J :: ORDER :: Heard Sri C.Subodh, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for the respondents 1 to 5. 2. The above writ petition was filed to declare the action of the respondents in withholding the amount of Rs.72,99,876/- (Rupees Seventy Two Lakhs Ninety Nine Thousand Eight Hundred and Seventy Six only), payable to the petitioner in relation to the work executed by it i.e. formation of Narasimhaswamy Temple Swamy Road from DIET College, Bheemili, Visakhapatnam District in pursuance of agreement No.173/2018-19, as illegal and arbitrary. 3. A counter affidavit was filed on behalf of respondent No.4. It was contended that, inter alia, the Government has sanctioned an amount of Rs.75,00,000/- (Rupees Seventy Five Lakhs only) vide G.O.Rt.No.488 dated 15.05.2018 under PRR Plain Grant for execution of the aforementioned work. In pursuance of the same, respondent No.3 called for tenders for the execution of the work, and the petitioner emerged as the successful bidder. An agreement bearing No.173/2018-19 dated 18.02.2019 was entered into by the petitioner with respondent No.3, wherein time was stipulated for completion of work. Since the petitioner failed to complete the work within the stipulated time, the Government issued an extension of the agreement time up p. 4 SRS,J to 31.03.2021. Thereafter, the petitioner completed the work, and the net amount payable is Rs.66,17,494/-. Respondent No.4 addressed letters to the higher officials on different dates, and the last one was addressed on 09.09.2025 for the release of the budget for uploading the pending bill. 4. Learned counsel for the petitioner has admitted that the net amount payable to the petitioner is Rs.66,17,494/- (Rupees Sixty Six Lakhs Seventeen Thousand Four Hundred and Ninety Four only). 5. Thus, as seen from the pleadings available on record, since there is no dispute regarding execution of the aforementioned work and the amount of Rs.66,17,494/- payable to the petitioner, is undisputed and admitted, the writ petition under Article 226 of the Constitution of India is maintainable. 6. 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.” p. 5 1 2025 SCC online SC 1400 SRS,J 7. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to release/pay the net amount of Rs.66,17,494/- (Rupees Sixty Six Lakhs Seventeen Thousand Four Hundred and Ninety Four only), regarding the aforementioned work, within a period of five (05) 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: 20.01.2026 IKN p. 6 SRS,J 131 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10560 of 2025 Date: 20.01.2026 IKN