APHC010337712024 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: 17253/2024 Between: 1. THOTA RAMBABU, S/O.SREERAMAMURTHY, AGED ABOUT 47 YEARS, R/O. PIRATLANKA VILLAGE, REPALLE MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE PROJECT DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGS), GUNTUR, GUNTUR DISTRICT. 4. A P STATE HOUSING CORPORATION LIMITED, II FLOOR, S.P. RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR. 5. THE DISTRICT PANCHAYAT OFFICER, BAPATLA DISTRICT, BAPATLA. 2 6. THE GRAM PANCHAYAT, PIRATLANKA, REPALLE MANDAL, BAPATLA DISTRICT, REP. BY ITS SECRETARY, 7. THE DISTRICT WATER MANAGEMENT AGENCY DWMA, GUNTUR DISTRICT, GUNTUR, REP. BY ITS PROJECT DIRECTOR ...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 Writ of Mandamus, declaring the action of the respondents in withholding amounts for work done even after completion of work and finalization of Bills payable to the petitioner in relation to the works i.e.. Levelling work of Land Development Project in Community Lands in Piratlanka Gram Panchayat, Repalle Mandal, Bapatla District, (i) the amount of Rs.3,61,000/-vide Work I.D. 070925217015170733 (ii) for the remaining amount of Rs.4,73,000/- vide Work ID 070925217015170760, totaling to Rs.8,34,000/-, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to release the amounts with interest @ 24 percent p.a. for the pending bills, forthwith for the above said works executed by the petitioner 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 release the pending amount with interest @ 24% p.a. in relation to the works i.e.. Levelling work of Land Development Project in Community Lands, in Piratlanka Gram Panchayat, Repalle Mandal, Bapatla District, executed by the petitioner, pending disposal of writ petition and pass Counsel for the Petitioner: 1. V SURYA KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram 3 Panchayats 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri V.Surya Kiran Kumar, 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. 2. The above writ petition was filed to declare the action of the respondents in withholding the balance amount of Rs.8,34,000/- in relation to the work executed by the petitioner i.e., Development of Housing Colony vide Work ID.Nos.070925217015170733 and 070925217015170760, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Project Director, Bapatla - 7th respondent dated 19.02.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned work is Rs.11,96,098/-. After QC recovery of Rs.2,59,079/-, the balance amount payable to the petitioner comes to Rs.9,37,019/-. Out of the same, an amount of Rs.6,13,077/- was already paid to the petitioner, and the balance amount payable to the petitioner is Rs.3,23,942/-. 4 5. In reply, Sri V.Surya Kiran Kumar, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.3,23,942/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of Rs.3,23,942/- 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 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 balance amount of Rs.3,23,942/- (Rupees Three Lakhs Twenty Three Thousand Nine Hundred and Forty Two only) 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. 1 2025 SCC online SC 1400 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.02.2026 SNI 6 239 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17253 of 2024 Date: 24.02.2026 SNI