APHC010344892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17631/2025 Between: 1. VEMPATI RAVI KUMAR, S/O.VEERAIAH, AGED ABOUT 40 YEARS, R/O.A.KODURU VILLAGE AND MANDAL, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, VIJAYAWADA, NTR DISTRICT. 4. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, PRI DIVISION, VIJAYAWADA, NTR DISTRICT. 2 SRS,J W.P.NO.17631 OF 2025 5. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, PRI SUB-DIVISION, TIRUVUR, KRISHNA 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 pleased topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondents in paying the bill amount for the works i.e., construction of C.C road at O.C locality, B.C Locality, SC Locality of Patha Koduru in Koduru Village and Mandal, NTR District under the grant of Cadapa Cadapaku Mana Prabuth5wam Funds in pursuant to (l).Agreement No. 167 dated 23-08-2023, (2).Agreement No. 168 dated 23-08-2023, (3).Agreement No. 169 dated 23- 08-2023 and (4).Agreement No. 170 dated 23-08-2023, for Rs.3,96,199/- each executed by the 4TH Respondent as arbitrary, illegal and consequently direct the Respondents to pay the bills amount to the Petitioner covered by the works under (1). Agreement No. 167 dated 23-08-2023, pfh (2). Agreement No. 168 dated 23-08- 2023, (3).Agreement No. 169 dated 23-08-2023 and (4).Agreement No. 170 dated 23-08-2023, for Rs.3,96,199/- each executed by the 4TH Respondent under the grant of Gadapa Gadapaku Mana Prabuthyvam Funds forthwith in the interest of justice. 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 Pleased to direct the Respondents to pay the bills amount to the Petitioner covered by the works under (1).Agreement No. 167 dated 23-08-2023, (2).Agreement No. 168 dated 23-08-2023, (3).Agreement No. 169 dated 23-08-2023 and (4).Agreement No. 170 dated 23-08- 2023, for Rs.3,96,199/- each executed by the 4^'"- Respondent 3 SRS,J W.P.NO.17631 OF 2025 under the grant of Gadapa Gadapaku Mana Prabuthyvam Funds forthwith pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. B RAGHAVA REDDY 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 B.Raghava Reddy, 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.15,84,796/- (Rs.3,96,199/- each) for the works executed by the petitioner i.e. i) Construction of CC road at O.C Locality, B.C Locality, SC Locality of Patha Koduru in Koduru village and Mandal, NTR District vide Agreement No.167, 2. Construction of CC road at O.C Locality, B.C Locality, SC locality of Patha Koduru in Koduru village and Mandal, NTR District vide Agreement No.168 3. 4 SRS,J W.P.NO.17631 OF 2025 Construction of CC road at O.C Locality, B.C Locality, SC locality of Patha Koduru in Koduru village and Mandal, NTR District vide Agreement No.169, 4. Construction of CC road at O.C Locality, b.C Locality, SC locality of Patha Koduru in Koduru village and Mandal, NTR District vide Agreement No.170 in pursuance of agreements dated 23.08.2023, is illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of Executive Engineer (FAC), PRI Division, Narsipatnam – respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works, and the net amount payable to the petitioner after statutory deductions is Rs.16,76,376/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.16,76,376/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal 5 SRS,J W.P.NO.17631 OF 2025 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, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.16,76,376/-. (Rupees Sixteen Lakhs Seventy Six Thousand Three Hundred and Seventy Six 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. 1 2025 SCC online SC 1400 6 SRS,J W.P.NO.17631 OF 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI 03.02.2026 LSP