APHC010335172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17167/2025 Between: 1. KOLLALA MADHU SUDHANA RAO, S/O VENKATESWARA RAO, OCC MEMBER OF VILLAGE WORKS COMMITTEE R/O D/N0.3-147- A, MANDAPAKALA VILLAGE, KODURU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, P.R.I DIVISION, MACHILIPATNAM, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MACHILIPATNAM MANDAL MACHILIPATNAM, KRISHNA DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, AVANIGADDA, AVANIGADDA MANDAL, KRISHNA DISTRICT 7. THE ASSISTANT EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MANDAL PARSHAD, MACHILIPATNAM KRISHNA 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents in non-payment of amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 5 works for land levelling for Jagannanana Housing colony at Avanigadda Village (1) (Patta Land Edlanka Road Part-I) (Layput ID 063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,95,185/-, (2) (Patta Land Edlanka Road Part-II) ( Layout ID 063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R. No. /2022-2023 Dated 29.12.2023 for Net amount of Rs.3,78,272/-, (3) (Patta Land Edlanka Road Part-3) (Layout ID 063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29.12.2023 for Net amount of Rs. 3,95,807/-, (4) (Patta Land Edlanka Road Part-IV) (Layout ID 063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No /2022-2023 Dated 29.12.2023 for Net amount of Rs 3,95,807/- (5) (Patta Land Edlanka Road Part -V ( Layout ID 063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29.12.2023 for Net amount of Rs 3,94,312/- for Total amount of Rs 19,59,383/- and Consequential direct the respondents to release the final bill amount of Rs 19,59,383/- along with the EMD amounts and interest payable to the petitioner on the principal amount and pass such other order or orders may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.21.01.2026 in I.A.No.02 of 2025. 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 direct the respondents to pay the amounts of Rs. Rs.19,59,383/-payable to the petitioner for the 5 works i.e., payable to the petitioner after the successful completion of the execution of 5 works for Formation of internal Roads in Jagananna Housing Colony at Avanigadda Village (1) (Patta Land Edianka Road Part- l)(Layout ID:063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,95,185/-, (2) (Patta Land Edianka Road Part- ll)<Layout ID:063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Page 3 of 6 Rs.3,78,272/-, (3) (Patta Land Edianka Road Part- 3)(Layout ID;063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,95,807/-, (4) (Patta Land Edianka Road Part- IV)(Layout ID:063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,95,807/-(5) (Patta Land Edianka Road Part- V)(Layout ID:063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,94,312/- for Total amount of Rs.19,59,383/- immediately, with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition pending disposal of the above writ petition and to pass such IA NO: 2 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents in non- payment of bills due even after finalizing the bill#:payable to the petitioner after the''successful completion of the execution oCs works for land levelling for Jagannanana Housing colony at Avanigadda Village (1) (Patta Land Edianka Road Part-l)(Layput ID:063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Datedj29:12-2023 for Net amount of Rs.3,95,185/-, (2) (Patta Land Edianka Road Part- ll)(Layout ID;063402LA103975) of Avanigadda Mandal, Krishna District, Linder Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,78,272/-, (3) (Patta Land Edianka Road Part-3)(Layout D:063402LA103975) of Avanigadda Mandal, Krishna District, Under Vide D.R.No. /2022-2023 Dated 29-12-2023 for Net amount of Rs.3,95,807/-, <4) (Patta Land Edianka IRoad Part- IV)(Layout ID:063402LA103975) of Avanigadda Mandal;, ; Krishna s District, Under Vide D.R.No. ,/2022-2023 Dated 29-12-2023 for Net amount of Rs.3,95,807/-(5) (Patta Land Edianka Road Pa rt-V)( Layout ID:063402LA103975) of Avanigadda Mandai, Krishna District, Under Vide D.R.No. 72022-2023 Dated 29-12-2023 for Net ampunt of Rs.3,94,312/- for Total amount of Rs. 19,59,383/-. Consequential direct/the respondents to - release the final bill-Diount of Rs.19,59,383/-along with the EMD amounts & interest . payable to the petitioner on the prihGipaf-amount and pass p. 4 Counsel for the Petitioner: 1. VARDHINEEDI SAI KIRAN 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 Vardhineedi Saikiran, learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.19,59,383/- payable to the petitioner in relation to the works executed by him i.e land levelling for Jagannanana Housing colony at Avanigadda Village, Avanigadda Mandal, Krishna District in respect of (1) Patta Land Edlanka Road, Part -1, (2) Patta Land Edlanka Road Part-2, (3) (Patta Land Edlanka Road Part-3, (4) Patta Land Edlanka Road Part-4, (5) Patta Land Edlanka Road Part-5, in the layout IDs as mentioned in the writ affidavit, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner is Rs.19,59,383/-. The written instructions are made as part of the record. Page 5 of 6 5. Thus, as seen from the instructions there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs. 19,59,383/-. 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.4, the Writ Petition is disposed of directing the respondents to release an amount of Rs. 19,59,383/- (Rupees Nineteen Lakhs Fifty Nine Thousand Three Hundred and Eighty Three only) payable to the petitioner regarding execution of the aforementioned work, within four (04) 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: 04.02.2026 IKN p. 6 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17167 of 2025 Date: 04.02.2026 IKN