APHC010230792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12072/2025 Between: 1. K. MADDAIAH, S/O. PEDDA KESANNA, AGE 51 YEARS NWC MEMBER, R/O N.KONTHALAPADU VILLAGE, ORVAKAL MANDAL NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ, RURAL DEVELOPMENT AND RWS AND S DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, AT NANDYAL, NANDYAL DISTRICT. 4. THE CHIEF ENGINEER, PANCHAYATH RAJDEPARTMENT LABBIPET VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDINGENGINEER, PANCHAYATH RAJ DIVISION, NANDYAL, NANDYAL DISTRICT. 6. THE EXECUTIVE ENGINEER, PR(PIU) DIVISION, NANDYAL, NANDYAL 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the p. 2 respondents in not releasing the payments for the work executed by the petitioner Providing for (i) CC Road From Gunde Naik (H) to Govardhan Naik (H) Thanda in Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 3,39,681/- (ii) CC Road From Boya Venkateswarlu(H) to Shaik Abbas (H) in Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 4,39,190/- (iii) CC Road From Venkatarami Reddy (H) to T.Vijayadu (H) Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 4,33,430/- and (iv) CC Road From KG ROAD TO GRAMA SACHIVALAYAM BUILDING 1 in Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District with as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 5,41,157/- for 4 works totaling an amount of Rs. 17,53,458/- as illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release an amount of Rs. 17,53,458/- with 18percent per annum to the petitioner in respect of the execution of aforementioned works forthwith and to 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 leased to direct the respondents to release amount of Rs. 17.53,458/-with interest at 18% for the work executed by the petitioner Providing (i) CC Road From Gunde Naik (H) to Govardhan Naik (H) Thanda in Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 3,39,681/- (ii) CC Road From Boya Venkateswarlu(H) to Shaik Abbas (H) in Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 4,39,190/- (iii) CC Road From Venkatarami Reddy (H) to T.Vijayadu (H) Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 4,33,430/- and (iv) CC Road From KG ROAD TO GRAMA SACHIVALAYAM BUILDING 1 in Mandlem-1 Village of Jupadu Bunglow Mandal in Nandyal District with as per Agreement No. /2023-24 dated 06.12.2023 for an amount of Rs. 5,41,157/- for 4 works totaling an amount of Rs. 17,53,458/- and to pass Counsel for the Petitioner: p. 3 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order: Heard, Smt. Marella Radha, 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 amount of Rs.17,53,458625/- payable to the petitioner in relation to the works executed i.e., i) CC Road from Gunde Naik House to Govardhan Naik House Thanda in Mandlem-1 Village of Jupadu Bunglow Mandal, ii) CC Road from Venkatarami Reddy House to T.Vijayudu House in Mandlem-1 Village of Jupadu Bunglow Mandal, iii) CC Road from Boya Venkateswarlu House to Shaik Abbas House in Mandlem-1 Village of Jupadu Bunglow Mandal, and iv) CC Road from K.G.Road to Grama Sachivaalayam Building 1 in Mandlem-1 Village of Jupadu Bunglow Mandal , as illegal and arbitrary. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer (FAC), PR(PIU) Division, Nandyal – 6th respondent dated 31.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.18,54,002/- and the net amount payable to the petitioner after statutory deductions of Rs.2,10,832/-, is Rs.16,43,170/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. Page 4 of 5 6. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for Rs.16,43,170/-. 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.” 7. Given the instructions furnished by the Executive Engineer (FAC), PR(PIU) Division, Nandyal – 6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.16,43,170/- (Rupees Sixteen Lakhs Forty Three Thousand One Hundred and Seventy only) payable to the petitioner regarding execution of 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 Date: 01.04.2026 SNI p. 5 1 2025 SCC online SC 1400 239 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12072 of 2025 Date: 01.04.2026 SNI