APHC010247252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13658 OF 2025 Between: 1. SRI. YARRAMASU RAMESH BABU,, S/O. VENKAIAH, AGED ABOUT 50 YEARS, OCCUPATION CONTRACTOR, R/O.D.NO.10-10-24B, ZANDACHETTU BAZAR CHENCHUPETA, 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 AND PLANNING DEPARTMENT, A P SECRETARIAT, VELAGAPUDI, AMARAVATI. 3. THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DISTRICT. 4. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, AND MEMBER CONVENOR, DMFT, BAPATLA. 5. THE SUPERITENDING ENGINEER, P.R. CIRCLE, GUNTUR, GUNTUR DISTRICT. 6. THE EXECUTIVE ENGINEER, P.R. DIVISION, BAPATLA. ...RESPONDENT(S): 2 SRS, J W.P.No.13658 of 2025 Counsel for the Petitioner: 1. Nandipalle Venkatesh Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order: 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, appeared for the respondent Nos.1, 2, 5 and 6, learned Assistant Government Pleader for Revenue appearing for respondent No.3 and learned Assistant Government Pleader for Mines and Geology appearing for respondent No.4. 2. The above writ petition was filed to declare the action of the respondents in not paying the payment of Rs.21,97,174/- (Rupees Twenty One Lakhs Ninety Seven Thousand One Hundred and Seventy Four only), payable to the petitioner in relation to the works executed by the petitioner i.e., 1) Construction of CC Roads in Chinapulivarru (V) of Kolluru (M) 2) Providing Additional Amenities to Community Hall at Mallapalli in Tadigiripadu (V) of Kollu (M), 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 Executive Engineer, PRI PIU Division, Bapatla - 6th respondent dated 27.11.2025. 3 SRS, J W.P.No.13658 of 2025 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 is Rs.21,97,174/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions submitted by the Executive Engineer, PRI PIU Division, Bapatla - 6th respondent, there is no dispute regarding the execution of work and the petitioner’s entitlement. Since there is no dispute regarding the petitioner’s entitlement and the amount payable to the petitioner is undisputed and admitted, the writ petition under Article 226 of the Constitution of India 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 4 SRS, J W.P.No.13658 of 2025 6. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to release/pay an amount of Rs.21,97,174/- (Rupees Twenty One Lakhs Ninety Seven Thousand One Hundred and Seventy Four only) to the petitioner regarding the execution of the aforementioned works, within a period of 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: 28.01.2026 BSK 5 SRS, J W.P.No.13658 of 2025 296 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13658 OF 2025 Date: 28.01.2026 BSK