APHC010388832024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19919/2024 Between: 1. YEDIDA DORA BABU, S/O. SATYANARAYANA, AGED 53 YEARS, OCC CONTRACTOR, R/O. D.NO. 7-10-9, BALIA VARI STREET, OLD BAZAR, NARASAPURAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THUIIUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THUIIUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENTOF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 6. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 7. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, ELURU DISTRICT, ELURU. 2 8. EXECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION, NARSAPUR, WEST GODAVARI DISTRICT. 9. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, ELURU DISTRICT, ELURU. ...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 WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.36,70,907/- even after finalizing the bills, payable to the petitioner in relation to the works under CMDF scheme for the year 2022-23 Grant i.e.. Construction of Gallery at Hindu Burial Ground 14th Ward of Narasapuram Municipality, West Godavari District through the D.R. Agreement No. /2023- 24, dated 09-05-2023 for an amount of Rs. 14,96,619/- (1st Part bill) and Rs.21,74,288/- (2nd Part bill) totaling an amount of Rs.36,70,907/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.36,70,907/- 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 to direct the respondents to consider for payment of amount of Rs.36,70,907/- to the petitioner in respect of execution of works under CMDF scheme for the year 2022-23 Grant i.e.. Construction of Gallery at Hindu Burial Ground 14^^ Ward of Narasapuram Municipality, West Godavari District through the D.R. Agreement No. /2023-24, dated 09-05-2023 for an amount of Rs. 14,96,619/- (1st Part bill) and Rs. 21,74,288/- (2nd Part bill) totaling an amount of Rs.36,70,907/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following order: Heard Sri Rambabu Koppineedi, learned counsel for the petitioner, 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 withholding the balance amount of Rs.36,70,907/- in relation to the work executed by the petitioner i.e., Construction of Gallery at Hindu Burial Ground in 14th ward of Narsapur Municipality, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Narasapur, West Godavari District – 8th respondent dated 07.03.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned work is Rs.39,68,548/-. After QC recovery of Rs.2,25,151/-, the balance amount payable to the petitioner comes to Rs.37,43,397/-. Out of the same, an amount of Rs.14,96,619/- was already paid to the petitioner, and the balance amount payable to the petitioner is Rs.22,46,778/-. 5. In reply, Sri Rambabu Koppineedi, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.22,46,778/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of 4 Rs.22,46,778/- payable to the petitioner. 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.22,46,778/- (Rupees Twenty Two Lakhs Forty Six Thousand Seven Hundred and Seventy Eight 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: 09.03.2026 SNI 1 2025 SCC online SC 1400 5 236 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19919 of 2024 Date: 09.03.2026 SNI