APHC010239472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12285/2025 Between: 1. M/S KCR INFRASTRUCTURES, MANAGING PARTNER, SRI. K. VIJAYA BHASKAR REDDY, S/O.VENKATA KRISHNA REDDY, AGED ABOUT 48 YEARS, D.NO.10-21-2/16, NEAR UDA OFFICE, CHENCHUPET, TENALI, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. . 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE PLANNING DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 3. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT 4. THE DEPUTY DIRECTOR OF MINES GEOLOGY, AND MEMBER CONVENOR, DMFT, LAKSHMIPURAM, GUNTUR. 5. THE SUPERITENDING ENGINEER, P.R. CIRCLE, GUNTUR, GUNTUR DISTRICT. 6. THE EXECUTIVE ENGINEER, P.R. DIVISION, TENALI, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): p. 2 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 issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non payment of the bill amounts to a tune of Rs.30,14,007/- towards the 2 works i.e., 1) Laying of CC Road Cum Drain in Chukkapallivaripalem Village of Duggirala Mandal and 2) Laying of CC Road Cum Drain in Pedapalem Village of Duggirala Mandal completed by me as illegal, arbitrary Violation of Principles of Natural Justice, Violation of Article 14, 21 and 300 - A and consequently direct the respondents to pay the bill amounts to a tune of Rs.30,14,007/- without any further delay and to pass s 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 direct the respondents to release amounts to a tune of Rs.30,14,007/- towards the 2 works i.e., 1) Laying of CC Road Cum Drain in Chukkapallivaripalem Village of Duggirala Mandal and 2) Laying of CC Road Cum Drain in Pedapalem Village of Duggirala Mandal, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. Nandipalle Venkatesh Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR MINES AND GEOLOGY 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.30,14,007/- relating to the works executed by the petitioner i.e. (i) Laying of CC road cum drain in Pedapalem Village, Duggirala Mandal and (ii) Laying of CC Road cum Drain in Chukapallivaripalem Village, Duggirala Mandal, as illegal and arbitrary. Page 3 of 5 2. Heard Sri Nandipalle Venkatesh, 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 respondents 1 to 3 and 5 & 6 and Ms. Anusha, learned Assistant Government Pleader for Mines and Geology, appeared for respondent No.4. 3. Today, when the matter is taken up for consideration, Ms. Anusha, learned Assistant Government Pleader, submitted the written instructions of the District Mines & Geology Officer, Guntur. The relevant portion of said instructions is extracted hereunder: “Further it is submitted that the Collector & Dist. Magistrate, Guntur District vide Procs. No.1567/DMF/2016, dated 08.02.2025 has approved 02 works, costing of Rs. 33,13,920/- released in favour of the Executive Engineer, PRI Division, Tenali. Further it is submitted that the bill was uploaded in CFMS portal for release of funds to concerned Executive Engineer and also raised Token. No. 2024-2508357 of Rs.33,13,920/- but it was rejected by the Finance Department. Hence the action taken by Respondents is well within the frame work of Acts and Rules. Subsequently, it is to submit that, this office has again uploaded the bill in CFMS portal vide Token No. 2025-1206425, dt:05.08.2025 and the same was approved by the District collector & & Chairperson, DMFT, Guntur on 12.08.2025. As on 21.01.2026, the status of the bill is still pending in CFMS portal with a reason „waiting for fund clearance‟. Hence the action taken by Respondents is well within the frame work of Acts and Rules.” 4. Thus, as seen from the instructions of respondent No.4, there is no dispute regarding the execution of work and the petitioner‟s entitlement. 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 p. 4 1 2025 SCC online SC 1400 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.”. 5. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release the amount payable to the petitioner, mentioned supra, regarding execution of the aforementioned works, 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: 06.02.2026 TVN p. 5 182 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12285 of 2025 Date: 06.02.2026 TVN