APHC010389592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20084/2025 Between: 1. B BALA KRISHNA, S/O. B PALLAYYA, AGED ABOUT 42 YEARS, OCC CONTRACTOR, R/O. D.NO. 4-91/B, BONTHUVARI PETA, EDARAPALLI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOROF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, (PRI) AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. 5. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYA RAO PETA, VIJAYAWADA. 6. THE EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. Page 2 of 5 SRS,J W.P.No.20084 of 2025 7. THE DEPUTY EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. 8. THE MANDAL ENGINEERING OFFICER, PRI, DR. B. R. AMBEDKARKONASEEMA 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 an appropriate 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 not releasing the total due payments of Rs. 6,77,085/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 833/2023- 24, Dt 06.03.2024 for Providing CC Drain and Culver form BonamDorababu house to MPUP School in Edarapalli village of Amalapuram Mandal vide M. Book. No. 2093A/2022-23 for Rs. 3,38,914/-, ii) Agreement No. 836/2023-24, Dt 07.03.2024 for Providing CC Drain and Culver form Bokka Sri Ram Murthy house to BonamDorababu house in Edarapalli village of Amalapuram Mandal vide M. Book. No. 2089A/2022-23 for Rs. 3,38,171/- above (02) workswas sanction under GadapaGadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.6,77,085/- inDr. B. R. AmbedkarKonase ema District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs.6,77,085/- with interest at 18 PERCENT for the pending bills forthwith for the above said works executed by the petitioner 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 respondents to consider for pending bills of Rs.6,77,085/- with interest @ 18 % for the works executed by the petitioner for the various works under GadapaGadapaku Mana Prabhutvam (GGMP) Grant, in Dr. B. R. AmbedkarKonaseema District through the Agreements forthwith, pending disposal of the main Writ Petition and pass p. 3 SRS,J W.P.No.20084 of 2025 Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner, Smt. Naga Chandrika, 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 not releasing an amount of Rs.6,77,085/-, payable to the petitioner for execution of works i.e. „i) Providing CC Drain and Culvert from Bonam Dorababu (H) to M.P.U.P. School in Edarapalli (V), Amalapuram Mandal, and ii) Providing CC Drain and Culvert from Bokka Sri Ram Murthy (H) to Bonam Dorababu (H) in Edarapalli (V) of Amalapuram Mandal‟, in pursuance of agreement No.833/2023-24 and 836/2023-2024 dated 06.03.2024 and 07.03.2024, respectively, 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 respondent No.6. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner is Rs.6,77,085/-. The written instructions are made as part of the record. Page 4 of 5 SRS,J W.P.No.20084 of 2025 5. Thus, as seen from the instructions there is no dispute regarding the execution of the aforementioned works and the petitioner‟s entitlement for Rs.6,77,085/-. 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.6, the Writ Petition is disposed of directing the respondents to release an amount of Rs.6,77,085/- (Rupees Six Lakhs Seventy Seven Thousand and Eighty Five 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: 02.02.2026 IKN p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.20084 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20084 of 2025 Date: 02.02.2026 IKN