APHC010364072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18614/2025 Between: 1. MEDAPATI SRINIVASA REDDY, S/O.M.VENKATA REDDY, AGE 47 YEARS, D/O.5-49,MAIN ROAD, KOTHA PALLI SANTHI THEATER, GOKAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, RAAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, RAAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 17,46,305/- (Rupees p. 2 Seventeen Lakhs Forty Six Thousand Three hundred and Five only) even after finalizing the bills payable to the petitioner in relation to the Five works i.e. I. Construction of cc roads near satyanarayana swami temple at gummalladoddi village of Gokavaram mandal vide Agreement No. /2Q23- 2024, dt15-03-2024.ll. Providing cc roads from M.Ammullamma H to Bharamala colony road at gokavaram village of gokavaram mandal Agreement no. /2023- 24,Dt 04.08.2023,III.Construction of CC Roads from madala varahamurthy (H) To ganta ramana (H) and other internal roads in BC Peta at Gummalladoddi (v) of gokavaram mandal , Agreement no. /2023- 24, Date16.3.2024, IV.Constructlon of CC roads from satyam prokeshrao (H) To Satyam chinnabullu (h) at Gummalladoddi (v) Gokavaram mandal Agreement no. /2023-24,Date16.03.2024,V.providing CC Drain from gall baburao (H) to Donthamsetti Parvathi 9H) at Mallavaram village of Gokavaram Mandal Agreement no. /2023-24,Date30.11.2023, .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 direct the respondents to forthwith consider releasing the amounts i.e., Rs. 17,46,305/- (Rupees Seventeen Lakhs Forty Six Thousand Three hundred and Five only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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 withholding an amount of Rs.17,46,305/- relating to the works executed by the petitioner i.e. (i) Providing CC drain from Gali baburao (H) to Donthamsetti Parvathi (H) at Mallavaram Village of Gokavaram Mandal; (ii) Construction of CC road from Satyam Prakeshrao (H) to Satyam Chinnabullu p. 3 (H) at Gummalladoddi (V) of Gokavaram (M); (iii) Construction of CC Road Near Satyanarayana Swami Temple at Gummalladoddi Village of Gokavaram Mandal; (iv) Providing CC road from M.Ammullamma H to Bharamala Colony road at Gokavaram Vilalge of Gokavaram Mandal and (v) Construction of CC road from Madala Varahamurthy (H) to Ganta Ramana (H) and other internal Roads in BC peta at Gummalladoddi (V) of Gokavaram Mandal, as illegal and arbitrary. 2. Heard Smt K. Devasri Roshan, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for respondents 1 to 4. 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, Rajamahendravaram – respondent No.3. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works. It would further indicate that the total value of the work done by the petitioner is Rs.14,74,128/-, and after statutory deductions, i.e. Rs.85,505/-, the net amount payable to the petitioner is Rs.13,88,623/-. 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.13,88,623/-. 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 p. 4 1 2025 SCC online SC 1400 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.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.13,88,623/- 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: 11.02.2026 TVN p. 5 304 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18614 of 2025 Date: 11.02.2026 TVN