APHC010311282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15764/2024 Between: 1. LOKAM VENKATESWARA RAO, S/O. NARASIMHA RAO (LATE), AGED 45 YEARS, OCC CONTRACTOR, R/O. D.NO. 1-21/6, KOTHAPALEM VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRIC ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 6. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 7. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, ELURU 2 DISTRICT, ELURU. 8. EXECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION, NARSAPUR, WEST GODAVARI DISTRICT. 9. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, ELURU DISTRICT, ELURU. ...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 or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.42,14,270/- even after finalizing the bills, payable to the petitioners in relation to the works under CMDF funds i.e.. Main Work Construction of YSR Museum and Platform to erect YSR bronze Statue at Perupalem Beach Mogalthuru Mandal at Narasapur Constituency, Sub Work Construction of Cost of YSR Bronze Statue 20-00 height Est Rs. 39,99,188/- in West Godavari District through the D.R. Agreement No. /2023-24, dated 29-09- 2023 for an amount of Rs.42,14,270/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.42,14,270/- to the petitioner in respect of execution of above- mentioned work forthwith and pass such 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 respondents to consider for payment of amount of Rs.42,14,270/- to the petitioner in respect of execution of works under CMDF funds i.e.. Main Work: Construction of YSR Museum da Platform to errect YSR bronze Statue at Perupalem Beach Mogalthuru Mandal at Narasapur Constituency, Sub Work: Construction of Cost of YSR Bronze Statue “20-00” height Est Rs. 39,99,188/- in West Godavari District through the D.R. Agreement No. /2023- 24, dated 29-09-2023 for an amount of Rs.42,14,270/- forthwith pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following order: Heard Sri Rambabu Koppineedi, learned counsel for the petitioner, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat 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 paying the amount payable to the petitioner, to a tune of Rs.42,14,270/-, in relation to the work i.e., Construction of YSR Museum & Platform to erect YSR bronze statue at Perupalem Beach Mogalthuru Mandal at Narasapur Constituency vide Agreement No. /2023-2024 dated 21.10.2023, Agreement No. /2023-2024 dated 29.09.2023, as illegal and arbitrary. 3. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Narasapur, West Godavari District – 8th respondent dated 23.02.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.42,14,270/-. After QC recovery of Rs.2,35,709/-, the balance amount payable to the petitioner comes to Rs.39,78,561/-. 5. In reply, Sri Rambabu Koppineedi, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.39,78,561/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.39,78,561/- payable to the petitioner. Since the amount payable is 4 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.”. 7. Given the submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.39,78,561/- (Rupees Thirty Nine Lakhs Seventy Eight Thousand Five Hundred and Sixty 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: 23.02.2026 SNI 1 2025 SCC online SC 1400 5 252 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15764 of 2024 Date: 23.02.2026 SNI