APHC010382502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19649/2025 Between: 1. KOLLIPARA VENKATA PRASAD, S/O RADHAKRISHNAIAH, AGED ABOUT 56 YEARS, R/O D.NO.6-61/6, PRASADAMPADU VIJAYAWADA RURAL MANDAL, N.T.R. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT (PREVIOUSLY PART OF KRISHNA DISTRICT) ELURU. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT (PREVIOUSLY PART OF KRISHNA DISTRICT) ELURU 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, AGIRIPALLI MANDAL, ELURU DISTRICT (PREVIOUSLY PART OF KRISHNA DISTRICT). 5. THE KALATURU PANCHAYAT, REP. BY ITS SECRETARY, KALATURU VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT (PREVIOUSLY PART OF KRISHNA DISTRICT). 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, p. 2 VELAGAPUDI, AMARAVATI, 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 topleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the amount of Rs.4,42,945/- (Rupees Four lakh Forty two thousand Nine hundred and Forty five only) with interest due to the Petitioner on executed work of constructing C.C. roads 5 (five) number within the jurisdiction of 5TH Respondent as illegal, arbitrary, violative of fundamental rights guaranteed under Article 14, 16, 21 of Constitution of India and consequently direct the Respondents to pay the amount of Rs.4,42,945/- (Rupees Four lakh Forty two thousand Nine hundred and Forty five only) with interest due to the Petitioner on executed work of constructing C.C. roads 5 (five) number within the jurisdiction of 5TH Respondent 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 Pleased to direct the Respondents to pay the amount of Rs.4,42,945/- (Rupees Four lakh Forty two thousand Nine hundred and Forty five only) with interest due to the Petitioner on executed work of constructing C.C. roads 5 (five) number within the jurisdiction of 5THRespondent and pass Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. 3. GP FOR FINANCE PLANNING The Court made the following order: Heard, Sri A.Syam Sundar Reddy, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1, 2 and 6 and Sri Chaitanya, p. 3 learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 3 to 5. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.4,42,945/- payable to the petitioner in relation to the works executed i.e., i) Construction of CC Road from Z.P. Road to Grama Panchayat office for 23.5 meters, ii) Construction of CC Road from Venkateswara Rao’s house to B.Nagabhushana Charyulu’s house for 33 meters, iii) Construction of CC Road from M.Koteswara Rao’s house to R.C.M.Church for 23.5 meters, iv) Construction of CC Road at C.S.I school for 12.70 meters, and v) Construction of CC Road from P.Siva Nageswara Rao’s house to Ranga Rao’s house for 53 meters in Tatra Village H/o. Kalaturu, as illegal and arbitrary. 3. Today, when the matter is taken up, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel, submitted instructions of the Panchayat Secretary of the 5th respondent dated 16.03.2026. 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 after statutory deductions is Rs.3,39,775/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Learned counsel for the petitioner endorses the same. Learned counsel submits that the deficit Court Fee of Rs.500/- is paid, and the memo along with e-Pay receipt is filed vide USR No.35367/2026. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for Rs.3,39,775/-. Since the amount payable is admitted and undisputed, the writ p. 4 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.” 8. Given the instructions furnished by the Panchayat Secretary of the 5th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.3,39,775/- (Rupees Three Lakhs Thirty Nine Thousand Seven Hundred and Seventy Five only) payable to the petitioner regarding execution of aforementioned works, within two (02) 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: 23.03.2026 SNI p. 5 1 2025 SCC online SC 1400 247 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19649 of 2025 Date: 23.03.2026 SNI