APHC010374792024 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: 19056/2024 Between: 1. P PRASAD REDDY, S/O.P BAYYAPA REDDY, AGED ABOUT 53 YEARS, OCC- CONTRACTOR, R/O.H.NO. 17/9-B4-C3-A1, KANALA ANKI REDDY COLONY, KOILAKUNTLA VILLAGE AND MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NH16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PR CIRCLE, KURNOOL, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, KURNOOL, 2 KURNOOL DISTRICT. 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs. 12,30,331/- vide M Book No. 0508-B and CFMS No. 2023- 9008495, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing CC road from Rama Achary (H) to M. Deshganna (H) and other internal streets in main village at Perusomula (V) of Sanjamala mandal, under GGMP (Gadapa Gadapa ku Mana Prabhutwam) Grant, vide Agreement No. /2023-24, dated Nil. 12.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs. 12,30,331/- vide M Book No. 0508-B and CFMS No. 2023-9008495 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 may please to direct the respondents to pay for payment of amount of Rs. 12,30,331/- vide M Book No. 0508-B & CFMS No. 2023-9008495 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing CC road from Rama Achary (H) to M. Deshganna (H) and other internal streets in main village at Perusomula (V) of Sanjamala mandal, under GGMP (Gadapa Gadapa ku Mana Prabhutwam) Grant, vide Agreement No. /2023-24, dated Nil. 12.2023, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 3 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Ms. Sumalatha, learned counsel representing Sri Bathala Ramesh, 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 not releasing an amount of Rs.12,30,331/-, payable to the petitioner in relation to the work i.e., providing CC Roads from Rama Achari House to M.Deshananna House and other Internal Streets in Main Village of Perusomala Village of Sanjamala Mandal in Nandyal District, executed by him as per M.Book No.0508-B and CFMS No.2023-9008475, 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 Executive Engineer, PR (PIU) Division, Nandyal-6th respondent. 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 is Rs.12,30,331/-. The written instructions are made as part of the record. 4 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.12,30,331/-. 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”. 6. Given the instructions furnished by Executive Engineer, PR (PIU) Division, Nandyal-6th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.12,30,331/- (Rupees Twelve Lakhs Thirty Thousand Three Hundred and Thirty One 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. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.02.2026 SNI 1 2025 SCC online SC 1400 5 194 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19056 OF 2024 Date: 03.02.2026 SNI