APHC010359892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18425/2025 Between: 1. MALLU SIVANGI REDDY, S/O NAGESWARA REDDY AGED ABOUT 50 YEARS,OCCCONTRACTOR, R/O. TALAMUDIPI VILLAGE, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINNANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 5. THE DISTRICT PROGRAMME COORDINATOR, KURNOOL DISTRICT AT KURNOOL. 6. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, KURNOOL, KURNOOL DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. DIVISION KURNOOL, 2 KURNOOL DISTRICT. 8. THE MANDAL ENGINEERING OFFICER, MANDAL PARISHAD, JUPADU BANGLOW, NADIKOTKUR SUB-DIVISION, KURNOOL DISTRICT. 9. THE DIRECTOR, M.G.N.R.E.G SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRUSHI BHAVAN, NEW DELHI. ...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 Rs.15,94,880/- i.e. 1) Amount Rs.1,08,726/- of M.Book.No.3428-C in respect of work I.D.No. 1370615010001080049 For Providing Pucca internal roads streets including drainage system and culverts from Public toilet to Sale Seshanna house at Mandlem village of Jupadu Bunglow mandal, 2) Amount Rs.1,90.909/- of M.Book.No. 3427-B in respect of work I.D.No. 137061501001080050 For Providing Pucca internal raods/streets including drainage system and culverts from Yacob house to Kummari Venu house at Mandlem village of Jupadu Bunglow mandal, 3) Amount Rs.1,90,882/- of M.Book.No.3426-C in respect of work I.D.No.137061501001080048 For Providing Pucca internal raods streets including drainage system and culverts from Kummari ramudu house to Paala Mallaiah at Mandlam village of Jupadu Bunglow mandal, 4) Amount Rs.1,90,887/- of M.Book.No.3429-C in respect of work I.D.No.137061501001080051 For Providing Pucca internal raods/streets including drainage system and culverts from Sukur House to Kummari eddaiah house at Mandlam village of Jupadu Bunglow mandal, 5) Amount Rs.1,90,885/- of M.Book.No.3333-C in respect of work I.D.No. 137061501001080044 For Providing Pucca internal raods/streets including drainage system and culverts from KM Narayana house to Sukumar house at Mandlam village of Jupadu Bunglow mandal, 6) Amount Rs.1,87,341/- of M.Book.No.3334-C in respect of work I.D.No. 137061501001080047 For Providing Pucca internal raods streets including drainage system and culverts from Sale Seshanna house to Ankala Raju house at Mandlam village of Jupadu Bunglow mandal, 7) Amount Rs.1,88,418/- of M.Book.No.3451 -C in respect of work I.D.No. 137061501001080042 For Providing Pucca internal raods/streets including drainage system and culverts from Brahma Reddy house to Bhasker Reddy house at Mandlam village of Jupadu Bunglow mandal, 8) Amount Rs.1,86,685/- of M.Book.No.3458-C in respect of work 3 I.D.No. 137061501001080043 For Providing Pucca internal raods/streets including drainage system and culverts from Dibbanna Shop to Maddilety house at Mandlam village of Jupadu Bunglow mandal, 9) Amount Rs.1,66,353/- of M.Book.No.3459-C in respect of work I.D.No. 137061501001080045 For Providing Pucca internal raods/streets including drainage system and culverts from Mohan Reddy house to Husla Alam via Peerla chavidi house at Mandlam village of Jupadu Bunglow mandal, 10) Amount Rs.1,84,681/- of M.Book.No.3585-B in respect of work I.D.No. 137061501001080046 For Providing Pucca internal raods streets including drainage system and culverts from Sankar house to Erram Marenna Ramudu house at Mandlam village of Jupadu Bunglow mandal, and consequently to direct the respondents to release the Fund Transfer Orders for total withhold amounts of Rs.15,94,880/-, and to 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 release the Fund Transfer Orders for total withhold the payment of amounts of Rs.15,94,880/- for supply of the material to the respondent authorities in implementation of various works such as like laying of providing construction of Internal CC Raods/streets including drainage system and Women Self Help Group Federation Building with in a villages under convergence funds in Mandlam village Jupadu Bunglow Mandal Kurnool District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA 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 Annamneedi Balakrishna, 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. 4 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.15,84,880/- (Rs.1,08,726/- + Rs.1,90,909/- + Rs.1,90,882/- + Rs.1,90,887/- + Rs.1,90,885/- + Rs.1,87,341/- + Rs.1,88,418/- + Rs.1,86,685/- + Rs.1,66,353/- + Rs.1,84,681/-) payable to the petitioner in relation to the works executed by him i.e. 1) Providing Pucca internal roads streets including drainage system and culverts from Public toilet to Sale Seshanna house at Mandlem Village of Jupadu Bunglow Mandal, 2) Providing Pucca internal roads/streets including drainage system and culverts from Yacob house to Kummari Venu house at Mandlem Village of Jupadu Bunglow Mandal, 3) Providing Pucca internal roads streets including drainage system and culverts from Kummari ramudu house to Paala Mallaiah at Mandlam Village of Jupadu Bunglow Mandal, 4) Providing Pucca internal roads/streets including drainage system and culverts from Sukur House to Kummari eddaiah house at Mandlam Village of Jupadu Bunglow Mandal 5) Providing Pucca internal roads/streets including drainage system and culverts from KM Narayana house to Sukumar house at Mandlam Village of Jupadu Bunglow Mandal, 6) Providing Pucca internal roads streets including drainage system and culverts from Sale Seshanna house to Ankala Raju house at Mandlam Village of Jupadu Bunglow Mandal, 7) Providing Pucca internal roads/streets including drainage system and culverts from Brahma Reddy house to Bhasker Reddy house at Mandlam Village of Jupadu Bunglow Mandal, 8) Providing Pucca internal roads/streets including drainage system and culverts from Dibbanna Shop to Maddilety house at Mandlam Village of Jupadu Bunglow Mandal, 9) Providing Pucca internal raods/streets including drainage system and culverts from Mohan Reddy house to Husla Alam via Peerla chavidi house at Mandlam Village of Jupadu Bunglow Mandal and 10) Providing Pucca internal roads/streets including drainage system and culverts from Sankar house to Erram Marenna Ramudu house at Mandlam Village of Jupadu Bunglow Mandal, as illegal and arbitrary. 5 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PR (PIU) Division, Nandyal. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.21,28,977/- and the net amount payable to the petitioner after statutory recovery of Rs.2,70,940/-, is Rs.17,85,767/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. Learned counsel submits that the deficit Court Fee of Rs.900/- is paid, and the memo along with e-Pay receipt is filed vide USR No.34426/2026. 6. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for Rs.17,85,767/-. 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 instructions furnished by the Executive Engineer, PR (PIU) Division, Nandyal, 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 1 2025 SCC online SC 1400 6 the amount of Rs. 17,85,767/- (Rupees Seventeen Lakhs Eighty Five Thousand Seven Hundred and Sixty Seven only) payable to the petitioner regarding execution of 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: 30.03.2026 SNI 7 164 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18425 OF 2025 Date: 30.03.2026 SNI