APHC010213672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11410/2025 Between: 1. VALLAPUNENI MALLIKHARJUN, S/O CHINNA SANJEEVAIAH, AGE 42 YEARS, OCC- CONTRACTOR, R/O H.NO.4-84, CHINA GUDIPADU VILLAGE, DORNALA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RWS AND S DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPLUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, PRAKASHAM DISTRICT AT ONGOLE. 4. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT AT ONGOLE. 2 SRS,J W.P.NO.11410 OF 2025 5. THE DIVISIONAL PANCHAYAT OFFICER, YERRAGONDAPALEM, PRAKASAM DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, RWS AND SANITATION, SUB-DIVISION, YERRAGONDAPALEM, PRAKASAM DISTRICT. 7. THE ASSISTANT ENGINEER, RWS AND S DEPARTMENT DORNALA. PRAKASAM DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, DORNALA, PRAKASAD DISTRICT. 9. THE CHINNA GUDIPADU GRAM PANCHAYAT, REP. BY ITS SECRETARY, CHINNA GUDIPADU VILLAGE,, DORNAL MANDAL, PRAKASAM 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 tomay 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 arranging the Total payment of Rs.30,21,633- 00, for having executed the works by the petitioner ten in number i.e., (1) Rs.4,40,295/- under MB.No.303-A/06-07, (2) Rs.2,01,729/- under MB.No.48/B/11, (3) Rs.4,70,595/- under MB.NO.48/B/2011, (4) Rs.4,65,380/- under MB.No.48/B/2011, (5) Rs.4,05,000/- under MB.No.450/A/21, (6) Rs.1,35,990/- under MB.NO.450/A/21, (7) Rs.1,87,741/- under MB.No.450/A/21, (8) Rs.4,075/- under MB.No.450/A/21, (9) Rs.4,12,948/- under MB.N0.448/A/21, (10) Rs.2,97,880/- under M.B.No.448/A/21, as illegal, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs.30,21,633-00, along with interest @ 24percent per annum and to pass IA NO: 1 OF 2025 3 SRS,J W.P.NO.11410 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 the respondents to make the payment of Rs.30,21,633/-, along with interest @ 24% per annum forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K ARUNA Counsel for the Respondent(S): 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 Smt K.Aruna, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department appeared for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.30,21,633/- (towards ten works) payable to the petitioner for execution of works i.e. „1) vide SDR No.2021-2022, MB.No.303-A/06-07, in respect of work "removing the silt in side drains in Chinna 4 SRS,J W.P.NO.11410 OF 2025 Gudipadu Gram Panchayat of Dornala Mandal for estimation costs of Rs.4.40 Lakhs, for 15th Finance Grant, (2) Vide SDR No.2023-24, MB.No.48/B/11, in respect of work "Augmentation of mpws Schemes in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation costs of Rs.2.02 Lakhs, for 15th Finance Grant, (3) Vide SDR No.2023-24, MB.No.48/B/2011, in respect of work "Removing the silt in side drains in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation costs of Rs.4.71 Lakhs, for 15th Finance Grant, (4) Vide SDR No.2023-2024, MB.No.48/8/2011, in respect of work "Augmentation of mpws Schemes in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation costs of Rs.4.66 Lakhs, for 15th Finance, (5) Vide SDR No.2023-2024, MB. No.450/A/21 in respect of work * Removing the silt in sides drains in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation costs of Rs.4.05 Lakhs, for 15th Finance, (6) Vide SDR No.2024-2025, M.B.No.450/A/21, in respect of work "Providing existing deep bore well with three phase motor @ Ramalayam Temple of Chinna Gudipadu Gram Panchayat of Dornala for estimation costs of Rs.1.37 Lakhs of 15th Finance, (7) Vide SDR No. 2024- 2025, Μ.Β.No.450/A/21, in respect of work "Augmentation of 5 SRS,J W.P.NO.11410 OF 2025 mpws schemes in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation of costs of Rs.1.88 Lakhs of 15th Finance, (8) SDR.No.2024-2025, M.B.No.450/A/21, in respect of work "Augmentation of mpws schemes in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation costs Rs.0.41 Lakhs of 15th Finance, (9) SDR.No.2023-2024, M.B.No.448/A/21, in respect of work "Augmentation of mpws schemes in Chinna Gudipadu Gram Panchayat of Dornala Mandal for estimation costs of Rs.4.13 Lakhs of 15th Finance, (10) Vide SDR.No.2023- 2024, Μ.Β.Νο.448/Α/21, in respect of work "Providing Deep bore well with New single phase motor at school of BMC Colony Village @ Chinna Gudipadu Gram Panchayat,‟ as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj submitted the written instructions of the Deputy Executive Engineer, RWS&S Sub-Division – respondent No.6. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work, and the net 6 SRS,J W.P.NO.11410 OF 2025 amount payable to the petitioner is Rs.30,21,633/-. 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 work and the petitioner‟s entitlement for Rs.30,21,633/-. 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.”. 6. Given the instructions furnished by respondent No.6, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.30,21,633/- (towards ten works) (Rupees Thirty 1 2025 SCC online SC 1400 7 SRS,J W.P.NO.11410 OF 2025 Lakhs Twenty one Thousand Six Hundred and Thirty three only) payable to the petitioner regarding execution of the aforementioned work, within 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: 03.02.2026 LSP