APHC010284302025 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: 14376/2025 Between: 1. PNEELIMA PRASAD, W/O LATE MALLIKARJUNA PRASAD, AGED 55 YEARS, D/O4-159-21,1ST ROAD, GOKUL AYURVEDIC HOSPITAL,GEOGEPET, ANANTAPUR,ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, PIU(PR) DIVISION, ANANTHAPURAMU ANANTHAPURAMUDISTRICT. 3. THE SUPERINTENDING ENGINEERPR, ANANTHAPURAMU. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR.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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.2,12,97,524 /- ( Rupees 2 Two Crore Twelve Lakhs Ninety Seven Thousand Five Hundred and Twenty Four only) for the year 2022, even after finalizing the bills, payable to the Petitioner in relation to the works I Package No.APAM/ATP/GUNTAKAL/09 Consisting of 15 road works in Guntakal Constituency Est.Cost Rs.569.00 Lakhs of 1) NBB Roads to IsurallapalliEst.cost Rs.28.5 lakhs 2) NH7 to DharmapurmEst. cost Rs.60.5 lakhs 3) NH63 Lakhs road to EngilibandaEst.Cost Rs.26 lakhs 4) Gooty Rs to UtakalluEstCost Rs.63 lakhs 5) NH 44 to MamaduruEst.cost Rs.49 lakhs 6) NH 44 to Ubicherlaest cost 10 lakhs 7) NH 63 (Gooty -Tadipatri road ) to Kothapetaest.cost Rs.lO lakhs 8) Narasapuram to Ameenapalli Est cost Rs.90 lakhs 9) Guntakal -Gooty road to PathakothacheruvuEst.cost 18 lakhs 10) GunntakalVajrakarur Alur road to G KottalaEst.cost Rs.39 lakhs 11) Rajapuram to Y.T.CheruvuEst.Cost Rs.40 lakhs 12) BCC Road to Ramaraju Pain Est.Cost 17 lakhs13) PamidUVajrakarur Road to VankarajuKaluvaEstCost 29 lakhs 14) NH44 To Edururu via Miduthuru Est Cost Rs.40 lakhs and 15) Gajarampalli to ThamballapalliEst.Cost Rs.50 /2022-23, Dated 25.07.2022 sanctionedlakhs. District vide Agreement no. District vide Agreement no. Under Chief engineer ,PR Vijayawada, 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 pleased to direct the respondents to forthwith consider releasing the amountsRs.2,12,9 7,524 /- (Rupees Two Crore Twelve Lakhs Ninety Seven Thousand Five Hundred and Twenty Four only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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 Devasri Roshan Kancharla, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat 3 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 withholding an amount of Rs.2,12,97,524/-, payable to the petitioner in relation to the works i.e., I Package No.APAM/ATP/Guntakal/09, consisting of 15 road works in Guntakal Constituency Est. Cost Rs.569.00 Lakhs of 1) NBB Road to Isurallapalli Est. cost Rs.28.5 lakhs; 2) NH7 to Dharmapuram Est. cost Rs.60.5 lakhs; 3) NH63 road to Engilibanda Est. Cost Rs.26 Lakhs; 4) Gooty R5 to Utakallu Est. Cost of Rs.63 Lakhs; 5) NH44 to Mamaduru Est. Cost Rs.49 Lakhs; 6) NH44 to Ubicherla Est. Cost Rs.10 Lakhs; 7) NH63 (Gooty – Tadipatri Road) to Kothapeta Est. Cost Rs.9 Lakhs; 8) Narasapuram to Ameenpalli Est. Cost Rs.90 Lakhs; 9) Guntakal – Gooty Road to Pathakothacheruvu Est. Cost Rs.18 Lakhs; 10) Guntakal – Vajrakauru Alur Road to G.Kottala Est. Cost Rs.39 Lakhs; 11) Rajapuram to Y.T.Cheruvu Est. Cost Rs.40 Lakhs; 12) BCC road to Ramaraju Palli Est. Cost Rs.17 Lakhs; 13) Pamidi – Vajrakarur Road to Vankaraju Kaluva Est. Cost Rs.29 Lakhs; 14) NH44 to Edururu via Miduthuru Est. Cost Rs.40 Lakhs and 15) Gajarampalli to Thamballapalli Est. Cost Rs.50 Lakhs vide Agreement No…/2022-23 dated 25.07.2022. 3. Learned counsel for the petitioner would submit that the petitioner and the 3rd respondent entered into an agreement vide Agreement No…/2022-23 4 dated 25.07.2022 to execute the work. Thereafter, the petitioner executed the work. However, the respondents failed to release the amount. 4. The 2nd respondent filed a counter-affidavit. In para-5, it was stated as follows: <It is submitted that the 1st bill for an amount of Rs.2,12,97,524/- for the works executed by the petitioner including Government statutory recoveries and quality control recoveries and in which contractor is entitled for an amount of Rs.2,00,71,863/-.= 5. Thus, as seen from the counter-affidavit filed by the 2nd respondent, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.2,00,71,863/-. 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=. 1 2025 SCC online SC 1400 5 6. Given the facts and circumstances, the Writ Petition is disposed of directing the respondents to release an amount of Rs.2,00,71,863/- (Rupees Two Crores Seventy One Thousand Eight Hundred and Sixty Three 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: 11.02.2026 SNI 6 210 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14376 OF 2025 Date: 11.02.2026 SNI