APHC010290562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14652/2024 Between: 1. M/S SAI VINAYAKA CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER AND CONTRACTOR PADALA DHAMODHAR REDDY, S/O.PADALA NAGIREDDY, AGED ABOUT 35 YEARS,R/O. 1-441/1, PNR WHITE HOUSE, ADILAKSHMI NAGAR, RAVULAPALEM, DR.B.R.AMBEDKAR KONASEEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. 2. THE ENGINEER IN CHIEF, PANCHAYAT RAJ DEPARTMENT, GOVERNEMENT OF A.P. P R BHAVAN, VIJAYAWADA, N.T.R.DIST. 3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE OFFICE, KAKINADA , KAKINADA DISTRICT (EARLIER E.G.DT.) 4. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, AMALAPURAM, DR.B.R.AMBEDKAR, KONASEEEMA DISTRICT. 5. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR, KONASEEEMA DISTRICT, AMALAPURAM. 6. THE STATE OF ANDRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. Page 2 of 5 7. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY , AGRICULTURE AND CO-OPERATION ( MARKETING) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. R7 IMPLEADED AS PER THE COURT ORDER DT.27.08.2024 VIDE ORDERS PASSED IN I.A.NO. 02 OF 2024. ...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 to declaring the action on the part of the Respondents herein not releasing and pay the total bill amounts worth of Rs.2,93,37,394/- with interest to the petitioner even though execution of works are completed as per the agreement as illegal arbitrary and violative of article 14,16 and 21 of Constitution of India and consequently to direct the Respondents to release and pay the bill amounts worth of Rs.2,93,37,394/- with interest to the Petitioner forthwith and 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 may be pleased to direct the Respondents to release and pay the bill amounts worth of Rs. Rs.2,93,37,394/- with interest to the Petitioner forthwith pending disposal of the above writ petition and to pass IA NO: 2 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 permit the petitioner to implead the proposed respondent no 7 to be made as party respondent no 7 in the main writ petition 14652 of 2024 including all the miscellaneous petitions 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 REVENUE p. 3 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 not releasing an amount of Rs.2,93,37,394/- relating to the works executed by the petitioner i.e. (i) Road from R&B road 2, Padamatipalem TVR Group road via 5 SC habitation (NABARD Road), (ii) Road from R&B road to Tadivari Group of Thurpupalem Village, (iii) Road from 7th day Advest churst to PHC road via Kadikatlavari group, (iv) Road from Care Hospital R&B road to Mattaparruu R&B road, (v) Road from Care Hospital R&B road to Ayyavarithippa R&B road via T. Savaram in Malkipuram Mandal and (vi) R&B Road Yedla Thathayya group via Telephone exchange in Kesanapalli Village, Konaseema District, pursuant to Agreement No.22/2022-23, dated 06.12.2022, as illegal and arbitrary. 2. Heard learned counsel for the petitioner, Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 3. A counter-affidavit was filed on behalf of respondent No.4. At para No.6, it was contended as follows: “6. I humbly submit that after completion of the work within time the pass order was made for Rs.2,92,09,524/- after deducting the recoveries of Rs 27,42,961/- and therefore the net amount payable to the petitioner is Rs.2,64,66,563/- . The authorities made submitted the completion report for payment to the Government but the amount was not released.” 4. Learned counsel for the petitioner did not refute the averments made in the counter-affidavit filed on behalf of respondent No.4. Page 4 of 5 5. Thus, as seen from the averments made in the counter-affidavit filed on behalf of respondent No.4, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.2,64,66,563/-. 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 averments made in the counter-affidavit filed on behalf of respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.2,64,66,563/- 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: 10.03.2026 TVN p. 5 1 2025 SCC online SC 1400 69 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14652 of 2024 Date: 10.03.2026 TVN