APHC010327982025 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: 16683/2025 Between: 1. D RAVINDRA, S/O. D. CHENNARAYUDU, AGED ABOUT 49 YEARS, OCC CONTRACTOR, RESIDING AT 2/44. O.C. COLONY, YERRAMPALLI VILLAGE, KALYANADURGAM MANDAT, ANANTAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH,, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, ANANTAPURAMU DISTRICT. 5. THE EXECUTIVE ENGINEER, PRI DIVISION PANCHAYAT RAJ DEPARTMENT, ANANTAPURAMU, ANANTAPURAMU DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, p. 2 SRS,J KALYANADURGAM ANANTAPURAMU DISTRICT. 7. THE ASSISTANT ENGINEER, , PANCHAYAT RAJ MANDAL PRAJA PARISHAD, KALYANADURGAM, ANANTAPURAMU 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 tomay be pleased to issue an appropriate writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying admitted contract amount of Rs. 5,99,920/- relating to the work repairs and maintenance of Community Health Center, Kalyanadurgam covered by agreement No. 365/2018-19 dated 06.03.2019, which is shown in the Measurement Book, as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent authorities to pay the contract amount of Rs. 5,99,920/- relating to the work repairs and maintenance of Community Health Center, Kalyanadurgam covered by agreement No. 365/2018-19 dated 06.03.2019 and to pass such 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 may be pleased to direct the respondent authorities to pay contract amount of Rs. 5,99,920/- relating to the work repairs and maintenance of Community Health Center, Kalyanadurgam covered by agreement No. 365/2018-19 dated 06.03.2019, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: p. 3 SRS,J ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.5,99,920/-, payable to the petitioner for execution of works i.e., repairs and maintenance of Community Health Center (CHC) at Kalyandurg Village and Mandal, as illegal and arbitrary. 2. Heard Sri Seshadri Goalla, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appearing for respondent Nos.1 to 7. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the balance amount payable to the petitioner is Rs.4,88,204/-. 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 works and the petitioner’s entitlement for Rs.4,88,204/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. p. 4 SRS,J 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 instructions furnished by respondent No.5, the Writ Petition is disposed of directing the respondents to release an amount of Rs.4,88,204/- (Rupees Four Lakhs Eighty Eight Thousand Two Hundred and Four Only) payable to the petitioner regarding execution of the aforementioned works, subject to statutory deductions, if any, 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: 10.03.2026 JLV p. 5 1 2025 SCC online SC 1400 SRS,J 284 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16683 of 2025 Date: 10.03.2026 JLV