APHC010213202025 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: 11159/2025 Between: 1. CHINMUDRA CONSTRUCTIONS, REP. BY ITS PROPRITER V.RAMARAO CHOWDARY S/O.V.VEERRAJU, AGED. 50 YEARS,D.N0.69-3-12, MEHER RESIDENCY, NAGAVANAM,RAJENDRA NAGAR, GAIGOLUPADU, KAKINADA(URBAN), KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, PRI DIVISION RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT 3. THE PROJECT DIRECTOR, AP STATE HOUSING CORPORATION, RAJAMANDRY, EAST GODAVARI DISTRICT. 4. THE MANAGING DIRECTOR, AP STATE HOUSING CORPORATION, VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR p. 2 SRS,J W.P.No.11159 of 2025 DISTRICT. 6. THE DISTRICT COLLECTOR, KAKINADA DISTRICT 7. THE ANDHRA PRADESH COOPERATIVE SOCIETIES, REP BY PRINCIPAL SECRETARY SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 8. THE DISTRICT PROJECT OFFICER, PITAPURAM ICDP-II, PITAPURAM MANDAL, KAKINADA DISTRICT. 9. THE CHIEF EXECUTIVE OFFICER, PITAPURAM ICDP-II, PITAPURAM MANDAL, KAKINADA 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 tomaybe 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 withholding the payments of pending amounts of Rs. 28,66,541i- (Twenty Eight Lakhs, Sixty Six Thousand Five Hundred and Forty One Rupees only) even after finalizing the part bills payable to the petitioner in relation to the two works i.e. I. Approach road to pedapudi-4 layout village of pedapudi mandal (8,35,7741-),II.Construction of 400 MT Godown cum officer (ground floor) to Agraharam PACS at Pithapuram village of Pithapuram Mandal(Rs.20,30,767/-) of estimated cost of Rs.3.50 lakhs 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 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 to Implead the present Proposed Respondent No.6 The District Collector, Rajamahendravaram, East Godavari District; Proposed Respondent No.7 The Andhra Pradesh Corporative Societies, Rep by Principal Secretary Secretariat Building, Velagapudi, Amaravathi, Guntur p. 3 SRS,J W.P.No.11159 of 2025 District; Proposed Respondent No.8 The District Project Officer, Pitapuram ICDP-II, Kakinada District and Proposed Respondent No.9 The Chief Executive Officer, Pitapuram ICDP-II, Kakinada District, in the above W.P.No.11159 of 2025 as Proposed Respondent’s No.6 to 9 and to pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. K MALLIKHARJUNA MOORTHY 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Devasri Roshan K, 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. 2. The above writ petition was filed to declare the action of the respondents in withholding the bill amount of Rs.28,66,541/- in relation to the works executed by the petitioner i.e. ‘I. Approach road to Pedapudi-4 layout village of Pedapudi Mandal and II. Construction of 400 MT Godown cum office (ground floor) to Agraharam PACS at Pithapuram village of Pithapuram Mandal, as illegal and arbitrary. Page 4 of 6 SRS,J W.P.No.11159 of 2025 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of Executive Engineer (FAC), PRI Division, Kakianda District. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.25,85,341/-. 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.25,85,341/-. 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.”. 1 2025 SCC online SC 1400 p. 5 SRS,J W.P.No.11159 of 2025 7. Given the instructions furnished by Executive Engineer (FAC), PRI Division, Kakinada District, the Writ Petition is disposed of directing the respondents to release an amount of Rs.25,85,341/- (Rupees Twenty Five Lakhs Eighty Five Thousand Three Hundred and Forty One only) payable to the petitioner regarding execution of the aforementioned work, within four (04) 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.11159 of 2025 158 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11159 of 2025 Date: 02.02.2026 JLV