APHC010391522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20216/2025 Between: 1. M/S. M.GANGADHARARAO,, S/O. M.RAMA RAO, AGE.55 YEARS, D/O.1-44,APHB COLONY , LALACHERUVU, RAJANAGARAM, MANDALAM, RAJAMAHENDRAVARAM(URBAN), EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPORTMENT SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. 4. THE PAY AND ACCOUNT OFFICER, DAWALESWARAM, EAST GODAVARI DISTRICT. 5. 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 issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 14,83,323/- (Rupees p. 2 Fourteen Lakhs Eighty Three Thousand Three hundred and Twenty Three only) even after finalizing the bills payable to the petitioner in relation to the Five works i.e. 'I. Construction ofCC Road from Ungarala Jnaraju gari(HO To Devara Varalakshmi gari (H) In Lalacheruvu -2 Village of Rajanagaram mandaj vide Agreement No. /2023-2024, dt.04-03-2024. II. Construction of CC Road from 1 velaga varalakshmi gari (H) Junction to Md.Amzaad gari (H) ,2.Devara Varalashmi gari (H) To Yadia Danavayi babu Gari (H) in /2023- 24,Lalacheruvu -2 Village of Rajanagaram Mandal Agreement no. Dt.04.03.2024, Ill.Construction of cc road from 1 kandula bajirao layout to kona hari hara Prasad gari (H) ,2)Devara varalakshmi gari house to Yadia Danavayi babu gari (H) In Lalacheruvu -2 village of rajanagaram mandal , Agreement no. /2023-24, Date.4.3.2024,', .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 to direct the respondents to forthwith consider releasing the amounts i.e., Rs.14,83,323/-(Rupees Fourteen Lakhs Eighty Three Thousand Three hundred and Twenty Three only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: ORDER Heard Smt.K.Devasri Roshan, 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 the respondents. p. 3 2. The above writ petition was filed to declare the action of the respondents in withholding the payments of pending amounts of Rs. 14,83,323/- (Rupees Fourteen Lakhs Eighty Three Thousand Three hundred and Twenty Three only) even after finalizing the bills payable to the petitioner in relation to the Five works i.e. 'I. Construction ofCC Road from Ungarala Jnaraju gari(HO To Devara Varalakshmi gari (H) In Lalacheruvu -2 Village of Rajanagaram mandaj vide Agreement No. /2023-2024, dt.04-03-2024. II. Construction of CC Road from 1 velaga varalakshmi gari (H) Junction to Md.Amzaad gari (H) ,2.Devara Varalashmi gari (H) To Yadia Danavayi babu Gari (H) in /2023-24,Lalacheruvu -2 Village of Rajanagaram Mandal Agreement no. Dt.04.03.2024, Ill.Construction of cc road from 1 kandula bajirao layout to kona hari hara Prasad gari (H) ,2)Devara varalakshmi gari house to Yadia Danavayi babu gari (H) In Lalacheruvu -2 village of rajanagaram mandal , Agreement no. /2023-24, Date.4.3.2024,' 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 the 3rd 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 after statutory deductions is Rs.13,52,225/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner also endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.13,52,225/-. Since the amount payable is admitted and undisputed, the writ petition is p. 4 maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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 instructions furnished by the 3rd respondent, the Writ Petition is Disposed of directing the respondents to release an amount of Rs.13,52,225/- (Rupees Thirteen Lakhs Fifty Two Thousand Two Hundred and Twenty Five only) payable to the petitioner regarding execution of the aforementioned works, 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 PVD 1 2025 SCC online SC 1400