APHC010381062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19395/2024 Between: 1. M/S. PEDIMENT CONSTRUCTIONS PRIVATE LIMITED,, REP BY ITS MANAGING DIRECTOR A SAI SRINIVAS, S/O A.P. DEVADAS AGED 32 YEARS,OCC CONTRACTOR, D NO 1-77, GROUND FLOOR, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT ENGINEER, P.R CIRCLE, CHITTOOR, CHITTOOR DISTRICT. 3. THE EXECUTIVE ENGINEER, P.I.U., CHITTOOR, CHITTOOR 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 it is prayed that this Honble Court may be pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of 2nd and final bill Net amount of Rs.28,11,984/- even after finalizing the bills payable to the petitioner in relation to the work i e., Providing BT to the road from Chandramakulapalle to Boyakonda road to meet near Valasapalle in p. 2 Punganur mandal of Chittoor District vide Agreement No /2021-22 dt 06.12.2021 is questioned as the same is illegal arbitrary and consequently direct the respondents to consider for payment of Net amount of Rs. 28,11,984/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass such other or further orders as this Honble court may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.10.02.2026 in I.A.No.01 of 2026. 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 Direct the respondents to consider the payment of 2nd and final bill Net amount of Rs.28,11,984/- even after finalizing the bills payable to the petitioner in relation to the work i.e., “Providing BT to the road from Chandramakulapalle to Boyakonda road to meet near Valasapalle in Punganur mandal of Chittoor District vide Agreement No /2021-22 dt 06.12.2021, forthwith, pending disposal of the Writ petition before this Honble court, and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of the case. Interim prayer is amended as per the Court’s Order dt.10.02.2026 in I.A.No.01 of 2026. IA NO: 1 OF 2026 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 amend the main prayer as well as the miscellaneous i.e.. Main prayer as: “to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of 2nd final bill Net amount of Rs.28,11,984/- even after finalizing the bills payable to the petitioner in relation to the work i.e., “Providing BT to the road from Chandramakulapalle to Boyakonda road to meet near Valasapalle in Punganur mandal of Chittoor District vide Agreement No /2021-22 dt 06.12.2021 is questioned as the same is illegal arbitrary and consequently direct the respondents to consider for payment of Net amount of Rs.28,11,984/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass such pass such other or further orders as this Hon’ble court may deem fit and proper in the circumstances of the case. INSTEAD OF Old Main prayer: “to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in p. 3 withholding the payment of 2nd and final bill Net amount of Rs. 19,82,.377/- even after finalizing the bills payable to the petitioner in relation to the work i.e., “Providing BT to the road from Chandramakulapalle to Boyakonda road to meet near Valasapalle in Punganur mandal of Chittoor District vide Agreement No /2021-22 dt 06.12.2021 is questioned as the same is illegal arbitrary and consequently direct the respondents to consider for payment of Net amount of Rs. 19,82,377/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass such pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 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.28,11,984/- relating to the work executed by the petitioner i.e. providing BT to the road from Chandramakulapalle to Boyakonda road to meet near Valasapalle in Punganur Mandal of Chittoor District, pursuant to Agreement No.Nil./2021-22, dated 06.12.2021, as illegal and arbitrary. 2. Heard Sri P. Anand Suraya, learned counsel representing Sri Suresh Kumar Reddy Kalva, 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, PIU, Chittoor – respondent No.3. Page 4 of 5 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.33,01,726/-, and after statutory deductions, i.e. Rs.4,89,742/-, the net amount payable to the petitioner is Rs.28,11,984/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.28,11,984/-. 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 respondent No.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.28,11,984/- payable to the petitioner regarding execution of the aforementioned works, 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 Date: 17.02.2026 TVN p. 5 1 2025 SCC online SC 1400 294 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19395 of 2024 Date: 17.02.2026 TVN