APHC010330372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16740/2025 Between: 1. BOYILLA VENKATESWARLU REDDY, S/O. VENKATA REDDY. AGED ABOUT 52 YEARS, OCC CONTRACTOR, R/O. VERUBOTLAPALLI VILLAGE, KALUVOYA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING), NELLORE, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE ASSISTANT PAY AND ACCOUNTS OFFICER1, NELLORE, SPSR NELLORE 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 p. 2 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount worth of Rs.13,79,254/- with interest vide Agreement Agt No. dated.07.02.2024 with M.Book.No.118-C/21-22 under grant GGMP to the petitioner till today after completion of execution of Work Providing Internal CC Road from Lekkala Krishna Reddy house to Koduru Penchalareddy House at N.V.Kandriga GP of Chejerala Mandal and causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs.13,79,254/- with interest vide Agreement Agt No. with M.Book.No.118- C/21-22 under grant GGMP /2023-24 /2023-24 dated.07.02.2024 payable to the petitioner herein with interest @ 24PERCENT per annum for the delayed amount till date of realization for the 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 the respondents to release the amounts worth of Rs. 13,79,254/- with /2023-24 dated.07.02.2024 withinterest vide Agreement Agt No. M.Book.No. 118-C/21-22 under grant GGMP payable to the petitioner herein with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. 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 an amount of Rs.13,79,254/- relating to the work p. 3 executed by the petitioner i.e. providing an internal CC road from Lekkala Krishna Reddy house to Koduru Penchalareddy House at N.V. Kandriga GP, Chejerla Mandal, SPSR Nellore District, pursuant to Agreement No.Nil/2023- 2024, dated 07.02.2024, as illegal and arbitrary. 2. Heard Sri Shaik Meeravali, 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 Executive Engineer, PRI Division, Nellore – respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work. It further indicates that the total value of the work done by the petitioner is Rs.13,79,254/-, and after the withheld amount/recovery, i.e., Rs.1,13,822/-, the net amount payable to the petitioner is Rs.12,65,432/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the same. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.12,65,432/-. 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 p. 4 1 2025 SCC online SC 1400 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.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.12,65,432/- payable to the petitioner regarding execution of the aforementioned work, 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: 25.02.2026 TVN p. 5 206 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16740 of 2025 Date: 25.02.2026 TVN