1 APHC010268712024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13461/2024 Between: 1. M/S BHAVANI CONSTRUCTIONS, REP. BY.ITS MANAGING PARTNER, NAGAM KONDALA RAO, S/O.N.CHINNA VEERRAJU, AGE 55 YEARS, R/O. 21-01-5/3, PYDA VARI STREET, SALI PETA,KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KAKINADA DISTRICT 4. THE PROJECT DIRECTOR, MGNREGS SCHEME, THALLAREVU MANDAL EAST GODAVARI DISTRICT 5. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICERMPDO, THALLAREVU MANDAL, EAST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, P.R.L. DIVISION, SPSR NELLORE DISTRICT. 7. THE COMMISSIONER AND DIRECTOR OF A P STATE HOUSING CORPORATION, VIJAYAVADA. 2 8. THE PROJECT DIRECTOR P D, HOUSING CORPORATION, EAST GODAVARI DISTRICT. 9. THE PROJECT DIRECTOR, DWMA, MGNREGS, EAST GODAVARI. 10. THE EXECUTIVE ENGINEER, PRI DIVISION, EAST GODAVARI. RR 9 AND 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.28.01.2026 IN I.A.NO.03 OF 2025 ...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 declaring the action of the respondent authorities in not releasing the Balance amount of Rs. 14,73,22,676 /- (Fourteen Crores Seventy three Lakh Twenty Two Thousand Six Hundred and Seventy Six Rupees Only) for the work executed by the petitioner under Work I.Ds No.040493701001170656, 040493701001170653, 040493701001170654, 040493701001170655 ,040493701001170656, 040493701001170658, 040493701001170657, 040493701001170649 ,040493701001170650, 040493701001170651 ,040493701001170652, 040493701001170660,040493701001170659, 040493701001170658, despite issuing Fund Transfer Orders under F.T.R Nos. 9043721000353 dated 09.07.2021 for an amount of Rs. 7852276/-,FTO 9043721000350 Dated 9/07/2021 for an amount of Rs.7853164/-,FTO 9043721002985 Dated 07/08/2021 for an amount of Rs.8366424/-,FTO 9043721000337 Dated 06/07/2021 for an amount of 6701248/-,FTO 9043721000351 Dated 09/07/2021 for an amount of Rs.6906503/-, FTO 9043721002986 Dated 07/08/2021 for an amount of Rs.7126101/-,FTO 9043721000342 Dated 06/07/2021 for an amount of Rs.7610462/-,FTO 9043721000352 Dated 09/07/2021 for an amount of Rs.7853010/-, FTO 9043721002987 Dated 07/08/2021 for an amount of Rs.8519266/-,FTO 9043721002988 Dated 7/08/2021 for an amount of Rs.8095826/-,FTO 9043721000338 Dated 6/07/2021 for an amount of Rs.7613698/-,FTO 9043721000355 Dated 09/07/2021 for an amount of Rs.6752797/-, FTO 9043721000280 Dated 30/06/2021 for an amount of Rs.6703533, FTO 9043721002979 Dated 7/08/2021 for an amount of Rs.8100170/-,FTO 9043721000354 Dated 09/07/2021 for an amount of Rs.7854243/-,FTO 9043721000341 Dated 06/07/2021 for an amount of 7613636/-,FTO 9043721000345 Dated 06/07/2021 for an amount of Rs.7610145/-,FTO 9043721000346 Dated 09/07/2021 for an amount of Rs.7852059/-,FTO 9043721002977 Dated 3 07/08/2021 for an amount of Rs.8348537/-,FTO 9043721000344 Dated 06/07/2021 for an amount of Rs.5785623/-,FTO 9043721000347 Dated 09/07/2021 for an amount of Rs.5967619/-,FTO 9043721002984 Dated 7/08/2021 for an amount of Rs.5968243/-,FTO 9043721000343 Dated 6/07/2021 for an amount of Rs.7610970/-,FTO 9043721000348 Dated 09/07/2021 for an amount of Rs.7853518/-, FTO 9043721002983 Dated 07/08/2021 for an amount of Rs.8882974,FTO 9043721000336 Dated 6/07/2021 for an amount of Rs.7609129/-,FTO 9043721000349 Dated 09/07/2021 for an amount of Rs.7854406/-,FTO 9043721002982 Dated 07/08/2021 for an amount of 8365408/-,FTO 9043721000339 Dated 06/07/2021 for an amount of Rs. 7612239/-,FTO 9043721002980 Dated 07/08/2021 for an amount of RS.6672539/-.FTO 9043721000357 Dated 09/07/2021 for an amount of Rs.6599042/-,FTO 9043721000281 Dated 30/06/2021 for an amount of Rs.6557244/-,FTO 9043721002981 Dated 07/08/2021 for an amount of Rs.7794323/-,FTO 9043721000356 Dated 9/07/2021 for an amount of Rs.6989451/-,FTO 9043721000340 Dated 6/07/2021 for an amount of Rs.6777851/-,FTO 9043721002978 Dated 07/08/2021 for an amount of Rs.6793208/-, as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and to issue a consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at the rate of 24 percent per annum and to pass IA NO: 1 OF 2024 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 respondent authorities to forthwith release the amount of Rs. 14,73,22,676 /- (Fourteen Crores Seventy three Lakh Twenty Two Thousand Six Hundred and Seventy Six Rupees Only) for the work executed by the petitioner vide F.T.R Nos. 9043721000353 dated 09.07.2021 for an amount of Rs. 7852276/-,FTO 9043721000350 Dated 9/07/2021 for an amount of Rs.7853164/-,FTO 9043721002985 Dated 07/08/2021 for an amount of Rs.8366121/-,FTO 9043721000337 Dated 06/07/2021 for an amount of 6701248/-,FTO 9043721000351 Dated 09/07/2021 for an amount of Rs.6906503/-,FTO 9043721002986 Dated 07/08/2021 for an amount of Rs.7126101/-,FTO 9043721000342 Dated 06/07/2021 for an amount of Rs.7610462/-,FTO 9043721000352 Dated 09/07/2021 for an amount of Rs.7853010/-,FTO 9043721002987 Dated 07/08/2021 for an amount of Rs.8519266/-,FTO 9043721002988 Dated 7/08/2021 for an amount of Rs.8095826/-, FTO 9043721000338 Dated 6/07/2021 for an amount of 4 Rs.7613698/-,FTO 9043721000355 Dated 09/07/2021 for an amount of Rs.6752797/-, FTO 9043721000280 Dated 30/06/2021 for an amount of Rs.6703533, FTO 9043721002979 Dated 7/08/2021 for an amount of Rs.8100170/-,FTO 9043721000354 Dated 09/07/2021 for an amount of Rs.7854243/-,FTO 9043721000341 Dated 06/07/2021 for an amount of 7613636/-,FTO 9043721000345 Dated 06/07/2021 for an amount of Rs.7610145/-,FTO 9043721000346 Dated 09/07/2021 for an amount of Rs.7852059/-,FTO 9043721002977 Dated 07/08/2021 for an amount of Rs.8348537/-, FTO 9043721000344 Dated 06/07/2021 for an amount of Rs.5785623/-,FTO 9043721000347 Dated 09/07/2021 for an amount of Rs.5967619/-,FTO 9043721002984 Dated 7/08/2021 for an amount of Rs.5968243/-,FTO 9043721000343 Dated 6/07/2021 for an amount of Rs.7610970/-,FTO 9043721000348 Dated 09/07/2021 for an amount of Rs.7853518/-, FTO 9043721002983 Dated 07/08/2021 for an amount of Rs.8882974,FTO 9043721000336 Dated 6/07/2021 for an amount of Rs.7609129/-,FTO 9043721000349 Dated 09/07/2021 for an amount of Rs.7854406/-,FTO 9043721002982 Dated 07/08/2021 for an amount of 8365408/-,FTO 9043721000339 Dated 06/07/2021 for an amount of Rs.7612239/-,FTO 9043721002980 Dated 07/08/2021 for an amount of Rs.6672539/-,FTO 9043721000357 Dated 09/07/2021 for an amount of Rs.6599042/-,FTO 9043721000281 Dated 30/06/2021 for an amount of Rs.6557244/-,FTO 9043721002981 Dated 07/08/2021 for an amount of Rs.7794323/-,FTO 9043721000356 Dated 9/07/2021 for an amount of Rs.6989451/-,FTO 9043721000340 Dated 6/07/2021 for an amount of Rs.6777851/-,FTO 9043721002978 Dated 07/08/2021 for an amount of Rs.6793208/-, pending disposal of the above writ petition 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 to grant leave to the Petitioner herein/Respondent No. 8 in W.P.No. 13461 of 2024 to file counter affidavit in the above Writ Petition and pass IA NO: 2 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 grant leave for filing of the Counter Affidavit in W.P.N0.13461 of 2024 and pass IA NO: 3 OF 2025 5 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 Implead the present Proposed Respondent No.9 The Project Director, DWMA, MGNREGS, East Godavari and Proposed Respondent No.10 The Executive Engineer, P R I Division, East Godavari. In the above W.P.No.13461 of 2024 as Proposed Respondents No. 9 and 10 and to pass IA NO: 1 OF 2026 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 May be please to grant leave to the petitioner herein/respondent No.5 in W.P. 13461 of 2024 to file counter affidavit in the above writ petition and pass IA NO: 2 OF 2026 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 May be pleased o receive the counter affidavit copies on record by allowing the leave petition in the writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. K MALLIKHARJUNA MOORTHY 3. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 5. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Singamsetty V.M.Sankar, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat 6 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 an amount of Rs.14,73,22,676/-, payable to the petitioner in relation to the work i.e., Leveling of House Sites vide Work ID Nos.040493701001170649, 040493701001170650, 070493701001170651, 040493701001170652, 040493701001170653, 040493701001170654, 040493701001170655, 040493701001170656, 040493701001170657, 040493701001170658, 040493701001170659 and 040493701001170660, as illegal and arbitrary. 3. Learned counsel for the petitioner would contend that the petitioner executed the work. However, the respondent authorities referred supra failed to release the final amount of Rs.14,73,22,676/-. 4. The 9th respondent filed a counter-affidavit. In para-6, it was stated as follows: “c. The total value of work done so far as per the Measurement Book is Rs.23,74,62,985/- (Rupees Twenty Three Crores Seventy Four Lakhs Sixty Two Thousand Nine Hundred and Eighty Five only). The measurements are recorded by the Technical Assistant (TA), Check Measured by Engineering Consultant (EC) and subsequently amount are release as per the pass orders which are recorded in the Measurement Book. 7 d. Further it is submitted an amount of Rs.11,97,04,342/- paid to the petitioner in different dates and remaining an amount of Rs.14,73,22,543/- pending for payment after deducting statutory recovery. f. Further it is submitted that the Quality Control Teams inspected the work on 7.11.2025 & 29.11.2025 and submitted the report. As per QC team report an amount of Rs.2,95,6.3,900/- recovery proposed by them and an amount of Rs.12,95,37,520/- to be paid to the petitioner.” 5. Thus, as seen from the counter-affidavit filed by the 9th respondent, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.12,95,37,520/-. 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 facts and circumstances, the Writ Petition is disposed of directing the respondents to release an amount of Rs.12,95,37,520/- (Rupees Twelve Crores Ninety Five Lakhs Thirty Seven Thousand Five Hundred and 1 2025 SCC online SC 1400 8 Twenty only) payable to the petitioner regarding execution of the aforementioned work, within six (06) 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: 18.03.2026 SNI 9 217 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13461 OF 2024 Date: 18.03.2026 SNI