APHC010329422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16552/2025 Between: 1. AVULA NARAYANAMMA, W/O LATE BRAHMAIAH AGED ABOUT 74 YEARS RESIDENT OFH. NO. 9-13 NAIDUPALEM VILLAGE PULLALACHERUVU MANDAL PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO 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. ANDHRA PRADESH CENTER FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, REP BY ITS MANAGING DIRECTOR AND CEO GOVERNMENT OF ANDHRA PRADESH 6TH FLOOR C-BLOCK, ANJANEYA TOWERS IBRAHIMPATNAM, KRISHNA DISTRICT 521456 4. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT 5. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKASAM DISTRICT 6. THE DIVISIONAL LEVEL PANCHAYAT OFFICER, MARKAPURAM, p. 2 PRAKASAM DISTRICT 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PULLAIACHERUVU MANDAL PRAKASAM DISTRICT 8. THE PANCHAYAT SECRETARY, NAIDUPALEM GRAMPANCHAYAT PULLACHERUVU MANDAL PRAKASAM DISTRIC ...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 order declaring the inaction on part of the Respondents herein not releasing the final bill amount worth of Rs. 17,83,689 (Rupees Seventeen Lakhs Eighty- Three Thousand Six Hundred and Eighty-Nine Only) eomprising of (a) Rs. 91,786 (Rupees Ninety-One Thousand Seven Hundred and Eighty-Six Only) vide Measurement Book No. 716/A/2021, (b) Rs. 1,97,302 (Rupees One Lakh Ninety-Seven Thousand Three Hundred and Two Only) vide Measurement Book no. 716/A/2021, (c) Rs. 1,49,797 vide Measurement Book No. 716/A/2021, (d) Rs. 89,518 (Rupees Eighty-Nine Thousand Five Hundred and Eighteen Only) vide Measurement Book No. 45/A/2020, (e) Rs. 89,721 (Rupees Eighty-Nine Thousand Seven Hundred Twenty-One Only) vide Measurement Book No. 45/A/2020, (f) Rs. 89,518 (Rupees Eighty-Nine Thousand Five Hundred and Eighteen Only) vide Measurement Book No. 45/A/2020, (g) Rs. 82,264 (Rupees Eighty-Two Thousand Two Hundred Sixty-Four Only) vide Measurement Book No. 45/A/2020, (h) Rs. 89,315 (Rupees Eighty-Nine Thousand Three Hundred and Fifteen Only) vide Measurement Book No. 45/A/2020, (i) Rs. 2,00,000 (Rupees Two Lakhs Only) vide Measurement Book No. 692/A/UP21-22, (j) Rs. 1,93,889 (Rupees One Lakh Ninety- Three Thousand Eight Hundred and Eighty-Nine Only) vide Measurement Book No. 692/A/UP21-22, (k) Rs. 46,617 (Rupees Forty-Six Thousand Six Hundred and Seventeen Only) vide Measurement Book No. 692/A/UP21-22, (1) Rs. 32016 (Rupees Thirty Thousand and Sixteen Only) vide Measurement Book No. 692/A/UP21-22, (m) Rs. 1,84,080 (Rupees One Lakh Eighty-Four Thousand and Eighty Only) for bulbs, (n) Rs. 89,916 (Rupees Eighty-Nine Thousand Nine Hundred and Sixteen Only) for bleaching and (o) Rs. 71,094 (Rupees Seventy-One Thousand Ninety-Four Only) for bleaching, (p) Rs. 44,616 (Rupees Forty-Four Thousand Six Hundred and Sixteen Only) vide Measurement Book No. 692/A/UP/2122 and (q) Rs. 42,240 (Rupees Forty-Two Thousand Two Hundred and Forty Only) vide Measurement Book No. 692/A/UP/2122 due to the Petitioner as per the p. 3 resolutions passed by the Naidupalem Grampanchayat as illegal arbitrary contrary to the principles of natural justice and in violation of the Article 14, 19, and 21 of the Constitution of India and consequently direct the Respondents to make the payment of an amount of Rs. 17,83,689 (Rupees Seventeen Thousand Eighty- Three Thousand Six Hundred and Eighty-Nine Only) along with an interest at the rate of 18percent on the principal due amount 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 May be pleased to direct the Respondents releasing the Final Bill amount of Rs. 17,83,689 (Rupees Seventeen Lakhs Eighty-Three Thousand Six Hundred and Eighty-Nine Only), pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. R YELLA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing the final bill amount of Rs.17,83,689/- payable to the petitioner in relation to the works executed by the petitioner, as illegal and arbitrary. 2. Heard Sri R. Yella Reddy, learned counsel for the petitioner and Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, p. 4 appeared for the respondents 1 to 6 and learned Standing Counsel appeared for respondents 7 & 8. 3. Today, when the matter is taken up for consideration, the learned Standing Counsel appearing for Gram Panchayat submitted the written instructions of the Panchayat Development Officer, Naidupalem Gram Panchayat. 4. A perusal of the said instructions indicates that the petitioner has executed the works. It further indicates that an amount of Rs.1,93,889/-, Rs.91,786/- & Rs.1,84,080/- respectively was paid to the petitioner on 13.02.2026 and the balance amount to be paid is Rs.13,13,934/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.13,13,934/-. 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 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.8, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.13,13,934/- payable to the petitioner regarding execution of the aforementioned works, p. 5 1 2025 SCC online SC 1400 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: 31.03.2026 TVN p. 6 361 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16552 of 2025 Date: 31.03.2026 TVN