APHC010269482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13627/2025 Between: 1. AVULAMANDA BRAHMAIAH, S/O SUNDARAIAH. AGED ABOUT 35 YEARS, OCC CONTRACTOR, R/O D.NO.3-126, THANGIRALA, LINGAMUKKAPALLE GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE CHIEF EXECUTIVE OFFICE, ZILLA PARISHAD, GUNTUR. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, NARASARAOPET PALNADU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB DIVISION, VINUKONDA PALNADU 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works, as per the details mentioned in M-Book Nos. 130-A/23- p. 2 24, 372-C/ZP/2022-2023, and 373- C/ZP/2022-2023 for the work executed by the petitioner with the costs of Rs. Rs. 4,51,720/-(Zone-1), 4,52,354(Zone-2), Rs.4,52,146/-(Zone -3), Rs. Rs.9,97,072/- and Rs.9,98,549/- total amount of Rs.33,51,841/- pursuant to Construction of open side drains at Zone-1, Murthijapuram Village, GP of Nuzandia Mandal, Construction of open side drains at Zone-2, Murthijapuram Village, Construction of open side drains at Zone-3, Murthijapuram Village, GP of Nuzandia Mandal, Construction of Internal CC Roads and side Drains in Patha Uppalapadu Village of Nuzendia Mandal, and Construction of Internal CC Roads and side Drains in Kotha Uppalapadu Village of Nuzendia Mandal, towards cost for the material supplied by the petitioner for providing additional amenities for Construction of open side drains at Zone-1, Murthijapuram Village, GP of Nuzandia Mandal, Construction of open side drains at Zone-2, Murthijapuram Village, Construction of open side drains at Zone-3, Murthijapuram Village, GP of Nuzandia Mandal, Construction of Internal CC Roads and side Drains in Patha Uppalapadu Village of Nuzendia Mandal, and Construction of Internal CC Roads and side Drains in Kotha Uppalapadu Village of Nuzendia Manda, under the scheme of ZPGF and GGMP Funds for the Year 2023- 2024 , approved for payment and even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, disoriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently direct the respondents forthwith to release bill amounts admittedly due to the petitioner in respect of aforesaid works along with interest accrued there on 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 funds through a proper channel into the account of respondents 3 to 5 or any other concerned, towards amount payable in the aforesaid works with the M-Book No’s. 130-A/23-24, 372- C/ZP/2022- 2023, & 373-C/ZP/2022-2023 for the work executed by the petitioner with the costs of Rs. Rs. 4,51,720/-(Zone-1), 4,52,354(Zone-2), Rs.4,52,146/- (Zone-3), Rs. Rs. 4,51,720/-(Zone-1), 4,52,354(Zone-2), Rs.4,52,146/- (Zone-3), Rs. Rs.9,97,072/- & Rs.9,98,549/- total amount of Rs.33,51,841/- pursuant to Construction of pipe culvert at Enugupalem Village of Vinukonda Mandal, Construction of internal CC Roads and side drains in Khambampadu Village of Nuzendia Mandal, Construction of internal side drains in Gangupalli Thanda village of Bollapalli Mandal & Providing internal CC Roads in Brahmanapalli Village of Vinukonda Mandal, Planadu District., pending disposal of the main writ petition and pass p. 3 Counsel for the Petitioner: 1. SOMISETTY GANESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 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.33,51,841/- relating to the works executed by the petitioner i.e. (i) Construction of open side drains at Zone-1, Murthijapurm Village GP of Nuzendla Mandal, (ii) Constructions of open side drains at Zone-2 in Murthijapuram Village, Murthijapuram GP of Nuzendla Mandal, (iii) Construction of open side drains at Zone-3 in Murthijapuram Village of Murthijapuram GP of Nuzendla Mandal, (iv) Construction of internal CC roads and side drains in Kotha Upplapadu Village of Nuzendla Mandal and (v) Construction of internal CC roads and side drains in Patha Uppalapadu Village of Nuzendla Mandal, as illegal and arbitrary. 2. Heard Sri Somisetty Ganesh Babu, 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. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PRI Division, Narasaraopet – respondent No.4 and the Deputy Executive Engineer, RWS&S Sub-Division, Vinukonda – respondent No.5. Page 4 of 5 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works. It further indicates that the total value of the works done by the petitioner is Rs.34,77,919/-, and after statutory deductions, i.e. Rs.2,00,618/-, the net amount payable to the petitioner is Rs.32,77,301/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.32,77,301/-. 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.=. 6. Given the instructions furnished by respondents 4 & 5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.32,77,301/- payable to the petitioner regarding execution of the aforementioned works, 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: 11.02.2026 TVN p. 5 1 2025 SCC online SC 1400 318 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13627 of 2025 Date: 11.02.2026 TVN