APHC010404202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20775/2025 Between: 1. M/S SATYAM TECHNO PROJECTS,, REP. BY ITS MANAGING PARTNERSHIP, PALAPATI RAGHU, S/O. SATYANARAYANA, AGED ABOUT 41 YEARS, OCC BUSINESS, R/O. D.NO.3-71, 113 THALLURU VILLAGE, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR PANCHAYAT WING, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEERPANCHAYAT RAJ, PIU DIVISION, GUNTUR, GUNTUR DISTRICT. 2 ...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 order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of aforesaid works as per the details mentioned in the Agreement No. /2023-2024, dated 21-10-2023, Agreement No. /2023-2024, dated 10- 11-2023 and Agreement No. /2023-2024, dated 21-10-2023, for the works executed by it with the total cost of Rs. 17,56,766/- under the scheme of GGMP (Gadapa Gadapaku Mana Prabhutvam) Grant works, for providing internal CC Roads in Erraguntlapadu Village, Phirangipuram Mandal, Guntur District, and approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the respondents to forthwith release bill amounts admittedly due to the petitioner in respect of aforesaid works along with interest accrued thereon 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 pay the bill amounts payable to the Petitioner in relation to the aforesaid works executed by it under the scheme of GGMP (Gadapa Gadapaku Mana Prabhutvam) Grant works, for providing internal CC Roads in Erraguntlapadu Village, Phirangipuram Mandal, Guntur District, with the total amount of Rs. 17,56,766/-, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. T VENU GOPAL 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 T.Venu Gopal, 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 not paying the amount payable to the petitioner, to a tune of Rs.17,56,766/-, in relation to the works i.e., i) Providing CC road from Jonnalagadda Yesobu House to Lutheran Church in Erraguntlapadu Village of Phirangipuram Mandal, ii) Providing CC raod from Sangala Hymavathi House to Kondepati Saidulu House in Erraguntlapadu Village of Phirangipuram Mandal and iii) Providing internal CC roads in OC Area of Erraguntlapadu Village of Phirangipuram Mandal vide Agreement No. /2023-2024 dated 21.10.2023, Agreement No. /2023-2024 dated 10.11.2023 and Agreement No. /2023-2024 dated 21.10.2023, as illegal and arbitrary. 3. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer (FAC), PR PIU Division, Guntur – 5th respondent dated 20.02.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.19,85,193/-. After QC recovery of Rs.16,285/- and the Statutory recovery of Rs.1,80,300/-, the balance amount payable to the petitioner comes to Rs.17,88,608/-. 4 5. In reply, Sri T.Venu Gopal, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.17,88,608/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.17,88,608/- 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 amount of Rs.17,88,608/- (Rupees Seventeen Lakhs Eighty Eight Thousand Six Hundred and 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. 1 2025 SCC online SC 1400 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.02.2026 SNI 6 247 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20775 of 2025 Date: 23.02.2026 SNI