APHC010330172024 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: 16722/2024 Between: 1. M/S S V S ENGINEERING AND COMPANY, REP. BY ITS PROPRIETOR S V SUBRAHMANYAM, S/O. BALA SESHAIAH, AGED ABOUT 58 YEARS, OCC- CONTRACTOR, R/O. H.NO.7-271, NEHRU BAZAR, MARKAPUR, PRAKASAM DISTRICT, PINCODE- 523316. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, D.NO. 12-47, PATHURU X ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE JOINT COMMISSIONER, JALAKALA, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, D.NO. 12-47, PATHURU X ROAD, TADEPALLI, GUNTUR DISTRICT. 5. THE DIRECTOR JALAKALA AND WATERSHEDS, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, D.NO. 12-47, PATHURU X p. 2 ROAD, TADEPALLI, GUNTUR DISTRICT. 6. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), VISHAKAPATNAM, VISHAKAPATNAM DISTRICT. 7. THE ASSISTANT PROJECT DIRECTOR DWMA, PENDURTHI CLUSTER, PENDURTHI, VISHAKAPATNAM DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amounts with Grand Total of Rs.77,776/- vide CFMS No.2023- 1010249, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Drilling of Borewells under YSR Jala Kala Programme is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the net balance amounts with Grant total of Rs.77,776/- vide CFMS No.2023-1010249 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work 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 please to direct the respondents to pay the net balance amounts with Grant total of Rs.77,776/- vide CFMS No.2023-1010249 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Drilling of Borewells under YSR Jala Kala Programme, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING p. 3 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.77,776/- relating to the work executed by the petitioner i.e. drilling of borewells under YSR Jala Kala Programme, as illegal and arbitrary. 2. Heard Sri B. Ramesh, 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. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Project Director, DWMA, Visakhapatnam – respondent No.6. The operative portion of said instructions reads as follows: “Further, it is also informed in the reference 3rd cited, this office has already generated the bill for an amount of Rs.91,609/- @ Net amount of Rs.77,776.00 (Rupees Seventy seven thousand seven hundred and seventy six only/-) and 13,833.00 as deductions to M/S. SVS ENGINEERING AND COMPANY bearing bill No.2023-1010249 in CFMs Bill portal. Further it is also informed that, the Bill was returned to DDO as per Art.39 & 50 of AP Financial Code, Vol.I.” 4. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.77,776/-. 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 p. 4 1 2025 SCC online SC 1400 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 instructions furnished by respondent No.6, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.77,776/- payable to the petitioner regarding execution of the aforementioned works, within two (02) 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 TVN p. 5 269 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16722 of 2024 Date: 23.02.2026 TVN