APHC010362782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18222/2025 Between: 1. THANNERU SRINU, , S/O. VENKATESWARLU, AGED ABOUT 43 YEARS,CHAIRMAN, HABITATION WORKS COMMITTEE OF GONUGUNTA GRAMAPANCHAYAT, R/O. MARRIPALEM VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT AT ONGOLE. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, ONGOLE, PRAKASAM DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB. DIVISION, S.N. PADU, PRAKASAM DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, MANDAL PRAJA PARISHAD, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, (PR) QUALITY ASSURANCE AND QUALITY CONTROL, SUB.DIVISION, ONGOLE, PRAKASAM p. 2 DISTRICT. 8. THE ASSISTANT EXECUTIVE ENGINEER, (PR) QAAND QC, SUB.DIVISION, ONGOLE PRAKASAM DISTRICT. 9. THE GONUGUNTA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, GONUGUNTA VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 10. THE MOVVAVARIPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, MOVVAVARIPALEM VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 11. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL GUNTUR 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 to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 4 in not passing the final bills and not taking steps for paying the bills amounts in respect of the works executed (1) Work ID.No.PR-5128-6020, for execution of the work of construction of C.C. Road in Gudipudivaripalem H/0. Gonugunta Village of Chimakurthy Mandal, for an Estimated amount of Rs.4,75,000/- (2) Work ID.No.PR-5128-6021, construction of C.C. Road in Muvvaripalem Village of Chimakurthy Mandal for an estimated amount of Rs.5,25,000/- and (3) Work ID.No.PR-5128-6022, for construction of C.C. Road in Marripalem H/0. Movvavaripalem Village of Chimakurthy Mandal, for an estimated amount of Rs.5,25,000/-, being illegal, arbitrary and violation of Article 14 and 19 (1) (g) of the Constitution of India and consequently direct the 4 respondent to pass final bills and pay the bills amounts in respect of the works executed (1) Work ID.No.PR-5128-6020, for execution of the work of construction of C.C. Road in Gudipudivaripalem H/0. Gonugunta Village of Chimakurthy Mandal, for an Estimated amount of Rs.4,75,000/- (2) Work ID.No.PR-5128-6021, construction of C.C. Road in Muvvaripalem Village of Chimakurthy Mandal, for an estimated amount of Rs.5,25,000/- and (3) Work ID.No.PR-5128-602 2, for construction of C.C. Road in Marripalem H/O. Muvvavaripalem Village of Chimakurthy Mandal, for an estimated amount of Rs.5,25,000/- and pass such p. 3 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 4th respondent to pass final bills and pay the bills amounts in respect of the (1) Work ID.No.PR-5128-6020 execution of the work of construction of C.C. Road in Gudipudivaripalem H/0. Gonugunta Village of Chimakurthy Mandal, for an Estimated amount of Rs.4,75,000/- (2) Work ID.No.PR-5128- for construction of C.C. Road in Muvvaripalem Village of6021 Chimakurthy Mandal, for an estimated amount of Rs.5,25,000/- and (3) Work ID.No.PR-5128-6022, for construction of C.C. Road in Marripalem H/0. Movvavaripalem Village of Chimakurthy Mandal, for n estimated amount of Rs.5,25,000/- pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner and 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 respondent No. 4 in not passing the final bills and not taking steps for paying the bills amounts in respect of the works executed (1) Work ID.No.PR-5128-6020, for execution of the work of construction of C.C. Road in Gudipudivaripalem H/0. p. 4 Gonugunta Village of Chimakurthy Mandal, for an Estimated amount of Rs.4,75,000/- (2) Work ID.No.PR-5128-6021, construction of C.C. Road in Muvvaripalem Village of Chimakurthy Mandal for an estimated amount of Rs.5,25,000/- and (3) Work ID.No.PR-5128-6022, for construction of C.C. Road in Marripalem H/0. Movvavaripalem Village of Chimakurthy Mandal, for an estimated amount of Rs.5,25,000/-, 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 the 4th respondent. 4. A perusal of the said instructions would disclose that the petitioner has claimed an amount of Rs.15,25,000/- for total three works. However, as per the department records, the total value of work does for three works admissible is Rs.13,52,719/- and after deducting statutory recoveries of Rs.1,21,833/-, the net amount payable to the petitioner comes to Rs.12,30,886/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.12,30,886/-. 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 p. 5 1 2025 SCC online SC 1400 are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence”. 7. Given the instructions furnished by the 4th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.12,30,886/- (Rupees Twelve Lakhs Thirty Thousand Eight Hundred and Eighty 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. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD