APHC010378672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19730/2024 Between: 1. PALADUGU LAKSHMI NARAYANA, S/O. VEERAIAH, AGED 70 YEARS, R/O. D. NO. 32-6- 51/A, FLAT NO. 401, ALAPATI NAGAR, INDUS HEIGHTS APARTMENTS, SULTANABAD, TENALI, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH. 4. THE SUPERINTENDING ENGINEER, , PUBLIC HEALTH QUALITY CONTROL CIRCLE GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. Page 2 of 5 SRS,J W.P.No.19730 of 2024 5. THE EXECUTIVE ENGINEER, PH DIVISION, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 6. THE PROJECT DIRECTOR, , HOUSING CORPORATION, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the payment of admitted balance of 20 percent of amount of Rs. 02,26,28,297/- incurred by the Petitioner for completion of a work under Navaratnalu Pedalandariki lllu Scheme pursuant to Agreement SE(PH)Q.C.C. GNT. AGT Numbers 22/2020-2021 dated 27.07.2020 to SE(PH)Q.C.C. GNT. AGT Numbers 42/2020-2021 dated 27.07.2020 and SE(PH)Q.C.C. GNT. AGT Numbers 16/2020-2021 dated 27.07.2020 to SE(PH)Q.C.C. GNT. AGT Numbers 17/2020-2021 dated 27.07.2020 entered into with the 4th respondent herein despite lapse of more than 3 years after finalizing the bills, as illegal, arbitrary and contrary to the principles of natural justice and consequently direct the respondents to pay the admitted balance of 20percent of amount of Rs. 02,26,28,297/- incurred by the Petitioner for completion of a work under Navaratnalu Pedalandariki lllu Scheme along with interest @ 2 percent per annum from the date of completion of the work pursuant to Agreement Nos. SE(PH)Q.C.C. GNT. AGT Numbers 22/2020-2021 dated 27.07.2020 to SE(PH)Q.C.C. GNT. AGT Numbers 42/2020-2021 dated 27.07.2020 and SE(PH)Q.C.C. GNT. AGT Numbers 16/2020-2021 dated 27.07.2020 to SE(PH)Q.C.C. GNT. AGT Numbers 17/2020-2021 dated 27.07.2020 entered into with the 4th respondent herein and to pass such 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 be pleased to direct the respondents to pay the admitted balance of 20% of amount of Rs. 02,26,28,297/- incurred by the Petitioner for completion of a work under Navaratnalu Pedalandariki lllu Scheme along with interest @ 12 p. 3 SRS,J W.P.No.19730 of 2024 % per annum from the date of completion of the work pursuant to Agreement Nos. SE(PH)Q.C.C. GNT. AGT Numbers 22/2020-2021 dated 27.07.2020 to SE(PH)Q.C.C. GNT. AGT Numbers 42/2020-2021 dated 27.07.2020 and SE(PH)Q.C.C. GNT. AGT Numbers 16/2020-2021 dated 27.07.2020 to SE(PH)Q.C.C. GNT. AGT Numbers 17/2020- 2021 dated 27.07.2020 entered into with the 4th respondent herein pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR MUNCIPAL ADMN URBAN DEV 4. GP FOR MEDICAL HEALTH FW 5. GP FOR FINANCE PLANNING The Court made the following order : Heard Sri V. Sai Kumar, 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 respondents 1 to 3, and Sri K.N. Krishna Kumar, learned Assistant Government Pleader for Irrigation, for respondents 4 to 6. 2. The above writ petition was filed to declare the action of the respondents in not paying balance of 20% of the Rs.2,26,28,297/- payable to the petitioner in relation to 23 works concerning NPI internal roads and levelling works executed in Repalle Municipaplity pursuant to agreement Nos.22/2020-21, 42/2020-2021, 16/2020-2021 and 17/2020-2021 dated 27.07.2020, as illegal and arbitrary. Page 4 of 5 SRS,J W.P.No.19730 of 2024 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Irrigation submitted instructions of the Executive Engineer, PH Division, Guntur, wherein it was mentioned as under: “In accordance to the Proceedings Laid in the reference 1st cited above the Public Health Division, Guntur has raised and submitted the bills to the PAO WA Guntur Pertaining to each WPs separately. The details of the bills in separate sheets of WPs are herewith enclosed for favour of intofrmation and necessary action. …” 4. The petitioner is claiming an amount of Rs.2,26,28,297/-. However, a perusal of the particulars mentioned in the instructions would disclose that the petitioner is entitled to an amount of Rs.2,25,36,410/-. 5. Learned counsel for the petitioner endorses the same. 6. There is no dispute that the petitioner entered into four separate agreements with respondent No.4 for laying internal roads, etc. Since the agreements are four in number, the petitioner has to pay Court Fee separately for each agreement in terms of Section 6(3) of the Andhra Pradesh Court- Fees and Suit Valuation Act, 1956 (Act VII of 1956) (for short „the Act‟). However, paid a Court Fee of Rs.100/-. This Court in W.P.No.27799 of 2025 held that the court fee has to be paid separately for each agreement. 7. Learned counsel for the petitioner would submit that the petitioner will pay the deficit court fee within a week and file a memo to that effect. The same is recorded. 8. As per the instructions, since there is no dispute regarding the execution of the aforementioned works and the petitioner‟s entitlement for an amount of Rs.2,25,36,410/- and since the amount payable is admitted and p. 5 SRS,J W.P.No.19730 of 2024 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.” 9. Given the instructions furnished by the Executive Engineer, PH Division, Guntur, the Writ Petition is disposed of directing the respondents to release an amount of Rs.2,25,36,410/- (Rupees Two Crores Twenty Five Lakhs Thirty Six Thousand Four Hundred and Ten only) payable to the petitioner regarding execution of aforementioned works, within four (04) months from the date of receipt of the copy of this order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 16.03.2026 IKN 1 2025 SCC online SC 1400