APHC010321822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16699/2025 Between: 1. GANUGULA PATTABHI RAMANNA, S/O. VENKATRAO, AGED 61 YEARS, R/O. H.NO.8-76/2, NEAR POST OFFICE, CHOPPELLA YEDITHA, ALAMURU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, DR.AMBEDKAR KONASEEMA DISTRICT. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, AMALAPURAM, DR.AMBEDKAR KONASEEMA DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, DOWALAISWARAM, EAST GODAVARI DISTRICT ...RESPONDENT(S): p. 2 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 toPleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bills payable to the petitioner towards the completed works under M-Book Pass Orders I.e., l.M.Book No. 415/B/2022-23, Rs. 11,83,211/-, 2. M.Book No. 416/B/2022-23 Rs. 6,07,269/-, 3. M.Book No. 64A/2022-23 Rs. 20,88,651/-, all together in total Rs. 38,79,131/-, even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending under M-Book Pass Orders I.e., l.M.Book No. 415/B/2022-23, Rs. 11,83,211/-, 2. M.Book No. 416/B/2022-23 Rs. 6,07,269/-, 3. M.Book No. 64A/2022-23 Rs. 20,88,651/-, all together in total Rs. 38,79,131/-, and to pass 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 pleased to direct respondent Nos: 1 to 3 to release the amount pending under M-Book Pass Orders I.e., l.M.Book No. 415/B/2022-23, Rs. 11,83,211/-, 2. M.Book No. 416/B/2022-23 Rs. 6,07,269/-, 3. M.Book No. 64A/2022-23 Rs. 20,88,651/-, all together in total Rs. 38,79,131/-, to the petitioner, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order : Heard Sri Ravula Nagarjuna, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. Page 3 of 4 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.38,79,131/- payable to the petitioner in relation to the works executed by him i.e. 1) Construction of CC Road from Grama Sachivalayam to Mandapeta Main Road at Gummileru (V) of Alamuru (M), 2) Construction of CC road from SC peta Cheruvu to Padala Rama Rao (H) and CC road from Bust Mangvathi H to Jalli Mahesh (H) in SC area at Gummileru (V) of Alamuru (M) and 3) construction of Multipurpose activities building in BC area (Settibalija Sangham) at Venkatayapalem (V) of Ramachandrapuram (M), in pursuance of agreements, dated 08.09.2023, 08.09.2023 and 15.03.2024 respectively, as illegal and arbitrary. 3. Today when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PR Division, Amalapuram, Dr.B.R. Ambedkar Konaseema District. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.44,59,013/- and the net amount payable to the petitioner after QC recovery / statutory deductions of Rs.3,76,259/-, is Rs.40,82,754/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. Learned counsel submits that deficit Court Fee of Rs.200/- is paid and memo along with e-Pay receipt is filed vide USR No.3649/2026 dated 24.03.2026. 6. Thus, as seen from the instructions there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for amount of Rs.40,82,754/-. 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 <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 the Executive Engineer, PR Division, Amalapuram, Dr.B.R. Ambedkar Konaseema District, the Writ Petition is disposed of directing the respondents to release an amount of Rs.40,82,754/- (Rupees Forty Lakhs Eighty Two Thousand Seven Hundred and Fifty Four only) payable to the petitioner regarding execution of aforementioned works, within four (04) months from the date of receipt of the copy of this order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 17.03.2026 IKN