APHC010340512024 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: 17472/2024 Between: 1. P JANARDHAN, S/O. SRI P. SIDDIAH, AGED ABOUT 67 YEARS, PATHA ARCOT VILLAGE, JAMBADA POST, VIJAYAPURAM MANDAL, CHITTOOR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF ENGINEER, PANCHAYATI RAJ, CHITTOOR, CHITTOOR DISTRICT. 3. THE SUPERINTENDING ENGINEER, PANCHAYATI RAJ CHITTOOR, CHITTOOR DISTRICT. 4. THE EXECUTIVE ENGINEER, PANCHAYATI RAJ, TIRUPATI. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION (MKTG-II) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2 7. THE COMMISSIONER & DIRECTOR OF AGRICULTURAL MARKETING, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH ...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 direction declaring the action of the Respondents in withholding the payment of 1st and Part bill amount of Rs. 1,06,49,543/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. APAM/Chittoor/Nagari Constituency (Nindra, Vijayapuram and Nagari Mandals) Consist of 8 road works, vide Agreement No./2022-23, dt. 14/12/2022, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs. 1,06,49,543/- with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2024 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 consider for payment of balance amount of Rs. 1,06,49,543/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. “APAM/Chittoor/Nagari Constituency (Nindra, Vijayapuram and Nagari Mandals) Consist of 8 road works”, vide Agreement No./2022-23, dt. 14/12/2022, forthwith, pending disposal of the Writ Petition and 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 permit to receive counter copies on record by allowing the leave petition in the above writ petition and pass IA NO: 1 OF 2026 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 permit the Petitioner to Implead the Proposed Respondents No.6 and 7 as party/respondent in the above W.P.No.17472 OF 2024 and pass Counsel for the Petitioner: 3 1. SURESH KUMAR REDDY KALAVA 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 Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, Sri P.Rajesh Kumar, 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 withholding an amount of Rs.1,06,49,543/-, payable to the petitioner in relation to the work i.e., APAM/Chittoor/Nagari Constituency (Nindra, Vijayapuram and Nagari Mandals) consist of eight road works vide Agreement No…/2022-23 dated 14.12.2022. 3. Learned counsel for the petitioner would submit that the petitioner and the 3rd respondent entered into an agreement vide Agreement No…/2022-23 dated 14.12.2022 to execute the work. Thereafter, the petitioner executed the work. However, the respondents failed to release the amount. 4. The 4th respondent filed a counter-affidavit. In para-5, it was stated as follows: “E) As per the agreement, the petitioner has completed the work and the entire proceedings were recorded in M Book by this office. The valuation of 4 the work done by the petitioner company is at Rs.1,18,86,582/- and after deductions, the outstanding amount stood at Rs.1,06,49,543/-. F) The Executive Engineer, PRI Division, Tirupati is not able to upload the said bill in NIDHI Portal because the Head of Account and Budget to this grant is not yet assigned by the Government of Andhra Pradesh. A letter addressed to the Chief Engineer-I, Panchayat Raj, Vijayawada vide Roc.No.A4/APAM/2024 dated 20.06.2025, 04.09.2025 and 18.09.2025 by the Executive Engineer, PRI Division, Tirupati.” 5. Thus, as seen from the counter-affidavit filed by the 4th respondent, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.1,06,49,543/-. 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 facts and circumstances, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,06,49,543/- (Rupees 1 2025 SCC online SC 1400 5 One Crore Six Lakhs Forty Nine Thousand Five Hundred and Forty 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 6 241 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17472 OF 2024 Date: 24.02.2026 SNI