APHC010226752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12073/2025 Between: 1. S. RAVINDRA PRASAD,, S/O. LATE S. SIVARAJU, AGED ABOUT 57 YEARS, R/O. D.NO.L-146F, KOTA STREET, NANDIKOTKUR, NANDYAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE NH 16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) KUMOOL DISTRICT AT KURNOOL. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, KUMOOL, KUMOOL DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. SUB-DIVISION, NANDIKOTKUR, KURNOOL, KURNOOL DISTRICT. Page 2 of 4 ...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 declare the action of the respondents in not releasing the total final bill amount worth of total bill amount worth of Rs.6,16,129/- vide agreement dated 06.11.2018 in respect of SDF Grant work on 1) Rs. 5,86,615/- for Construction of Pucca Internal Roads or including side Brians, Culverts with in Village under Convergence Funds from Police Venkataswamy house to Kasi House and other lanes in B.C. Colony at Vaddemanu Village of Nandikotkur Mandal in Respect of M.Book No. 3265-A with ID.No.137060808008080018 and 2) Rs.2,26,313/- for Providing internal CC roads/streets including drainage system within village under convergence funds at location Providing Storm water Drain from Bandi Ranga Swamy Kallam to Nagatur Kunta at Konidela (V) of Nandikotkur (M), in Respect of M. Book N0.3263-A with ID.No. 137060802003080035 of completion of SDF Grant and consequently direct respondent to release an amoun of Rs.6,16,129/-,to the petitioner and pay along with interest forthwith under the grant of SDF Grant 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 to direct the respondents to release the total final bill amount worth of Rs.6,16,129/- to the petitioner and pay along with interest forthwith under the grant of SDF Grant pending disposal of the above writ petition pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORDER p. 3 Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner and 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 not releasing the total final bill amount worth of total bill amount worth of Rs.6,16,129/- vide agreement dated 06.11.2018 in respect of SDF Grant work on 1) Rs. 5,86,615/- for Construction of Pucca Internal Roads or including side Brians, Culverts with in Village under Convergence Funds from Police Venkataswamy house to Kasi House and other lanes in B.C. Colony at Vaddemanu Village of Nandikotkur Mandal in Respect of M.Book No. 3265-A with ID.No.137060808008080018 and 2) Rs.2,26,313/- for Providing internal CC roads/streets including drainage system within village under convergence funds at location Providing Storm water Drain from Bandi Ranga Swamy Kallam to Nagatur Kunta at Konidela (V) of Nandikotkur (M), in Respect of M. Book N0.3263-A with ID.No. 137060802003080035 of completion of SDF Grant, 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 the 5th respondent. 4. A perusal of the said instructions would disclose that the petitioner has claimed an amount of Rs.6,16,129/-. However, as per the department records, the Gross amount admissible is Rs.6,35,711/- and after deducting statutory recoveries of Rs.57,489/-, the net amount payable to the petitioner is Rs.5,78,222/-. 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 works and the petitioner’s entitlement for Rs.5,78,222/-. Since the p. 4 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 the 5th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,78,222/- (Rupees Five Lakhs Seventy Eight Thousand Two Hundred and Twenty Two only) payable to the petitioner regarding execution of the aforementioned work, 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 PVD 1 2025 SCC online SC 1400