APHC010297952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15318/2023 Between: 1. THOPA NEERAPPAS, S/O ERANNA , AGED ABOUT 68 YEARS, R/O KANAKANAPALLI, AMARAPURAM MANDAL, SATYA SAI/ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. SUPERINDENT ENGINEER, PANCHAYAT RAJ DIVISION, SATYA SAI/ ANANTAPUR DISTRICT. 3. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, PENUKONDA, ANANTAPUR DISTRICT. 4. GRAMPANCHAYATH ALADAPALLI, AMARAPURAM MANDAL, SATYA SAI/ ANANTAPUR DISTRICT. REPRESENTED BY ITS SECRETARY 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT BUILDINGS, VELAGAPUDI, 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 p. 2 SRS,J W.P.No.15318 of 2023 pleased topleased to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents withholding the payment of final bill amount of rupees 4,75,363/-, rupees 4,99,574/-, rupees 4,57,084/- and rupees 3,35,657/- in respect of work even after finalizing the bills, payable to the petitioner for the year 2018-2019 as illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay the final bill amount of rupees4,75,363/-, rupees 4,99,574/-, rupees 4,57,084/- and rupees 3,35,657/- to the petitioner in respect of work and to pass IA NO: 1 OF 2023 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 pleased to direct the respondents to take steps for paying the final bill amount of rupees 4,75,363/-, rupees 4,99,574/-, rupees 4,57,084/- and rupees 3,35,657/- final bill amount to the petitioner, due to the pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. GUMMADAVALLI VAMSI KUMAR Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri Gummadavalli Vamsi Krishna, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. Page 3 of 5 SRS,J W.P.No.15318 of 2023 2. The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.17,67,678/- in relation to the works executed by the petitioner i.e. ‘Construction of CC Road at Aladapalli Village of Amarapuram Mandal, 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 Executive Engineer, PRI Division, Penukonda, Sri Satya Sai District – respondent No.3. 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 after statutory deductions is Rs.16,61,741/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.16,61,741/-. 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: p. 4 1 2025 SCC online SC 1400 SRS,J W.P.No.15318 of 2023 “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.”. 7. Given the instructions furnished by respondent No.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.16,61,741/- (Rupees Sixteen Lakhs Sixty One Thousand Seven Hundred and Forty One only) payable to the petitioner regarding execution of the aforementioned work, within three (03) 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: 02.02.2026 JLV p. 5 SRS,J W.P.No.15318 of 2023 153 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15318 of 2023 Date: 02.02.2026 JLV