APHC010330632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16802/2025 Between: 1. MALLU VAMSIDHAR REDDY, S/O NAGESWARA REDDY AGED ABOUT 28 YEARS, R/O. TALAMUDIPI VILLAGE, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, , NANDYAL, NANDYAL DISTRICT. 5. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 6. THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYAL, NANDYAL DISTRICT. 2 7. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, NANDIKOTKUR, NANDYAL DISTRICT. 8. THE MANDAL ENGINEERING OFFICER, PAGIDYALA MANDAL, NANDYAL DISTRICT. 9. THE MANDAL ENGINEERING OFFICER, NANDIKOTKUR MANDAL, NANDYAL 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, Order, or Direction more particularly one in the nature of Rs. 58,62,317/- vide its procedgs. Rc No. 114/GGMP/Pagidyala02/DYSO(1)/2022 dated 28.11.2023 vide 1) M.Book.No.4686-B of Providing of CC Roads Bashkarapuram Ramudu house to Maddilety house at Pagidyala mandal 2 village of Pagidyala mandal 2) M.Book.No.4691-B of Providing of CC Road from Singotam Pullaiah house to P Venkata Swamy house and other Streets at Nehurunagar 2 Village of Pagidyala mandal 3) M.Book.No.4693-B Providing of CC Road from Main Road to New Grama Sachivalayam at Nehrunagar 2 village of Pagidyala Mandal 4) M.Book.No.4688-B Providing of CC road from Kummari Venkateswarlu house to Kurakula Eswramma house at Nehrunagar 1 village of Pagidyala mandal 5) M.Book.No.4690-B of Providing CC Road from jalli Jayaramudu house to Jalli Chanra Sekhar house at Nehrunagar 1 village of Pagidyala mandal 6) M.Book.No.4692-B of Providing CC Road from Kurakula Venkata Swamy house to Chakali Sambasivudu house and other streets at Nehrunagar 2 village of Pagidyala mandal 7) M.Book.No.4684-B of Providing CC Road from Sivalayam temple to Bichareddy plot at Nehrunagar 1 village of Pagidyala mandal 8) M.Book.No.4408-B, Providing CC Road from Anganawadi school to Kaveti Rambabu house and Entrance of village and babu house to main road and other locations of Kollabavapuram village of Konetammapalli (GP) of Nandikotkur mandal 9) M.Book.No.4658-B Providing CC Road from Bolli Tirupalu house to Bolli Subbanna house and Mazid to MPPS school and other locations of Kollabavapuram village Konetammapalli (GP) of Nandikotkur mandal 10) M.Book.No.4318-B - Providing CC Road from NeglagandiVagu to Alluri Ramakrishna house at K.Muchumarri village of Pagidyala mandal 11) M.Book.No.4320-B Providing CC Road from Beeravolu Nageswararao house to K Naganna house at K Muchumarri village of Pagidyala mandal 12) M.Book.No.4451- B Providing CC Road from Katam Pullaiah house to Pullamma house at K Muchumarri village of Pagidyala 3 mandal 13) M.Book.No.4652-B Providing CC Road from Palamarri Ramanamma house to Palamarri Yellaiah house at K Muchumarri Village of Pagidyala mandal and above (13) was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) under Panchayata Raj Department through the Agreements ,as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs. 58,62,317/- with interest at 18 percentage for the pending bills forthwith for the above said works executed by the petitioner 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 to direct respondents to consider for pending bills of Rs. 58,62,317/- with interest @ 18% for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Pagidyala mandal , Nandikotkur, Nandyal District under Panchayat Raj Department through the Agreements forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA 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 Annamneedi Balakrishna, 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. 4 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.58,62,317/-, in relation to the thirteen works, as illegal and arbitrary. 3. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PR (PIU) Division, Nandyal – 6th 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.59,50,257/-. After Statutory recovery of Rs.6,81,834/-, the balance amount payable to the petitioner comes to Rs.52,68,423/-. 5. In reply, Sri Annamneedi, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.52,68,423/-. 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.52,68,423/- payable to the petitioner. 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 can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the 1 2025 SCC online SC 1400 5 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.52,68,423/- (Rupees Fifty Two Lakhs Sixty Eight Thousand Four Hundred and Twenty Three only) payable to the petitioner regarding execution of the aforementioned work, within six (06) 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: 24.02.2026 SNI 6 235 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16802 of 2025 Date: 24.02.2026 SNI