APHC010406542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20742/2024 Between: 1. T NAGA BHARGAVA REDDY, S/O. T. SIVA RAMI REDDY AGED ABOUT 26 YEARS, R/O. NEHURU NAGAR VILLAGE, GOSPADU MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, NANDYALA, NANDYALA DISTRICT. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, NANDYALA, NANDYALA DISTRICT. ...RESPONDENT(S): p. 2 SRS,J 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 declare the action of the respondents in not releasing the bill amount worth of total Rs.17,66,499/- i) Rs.9,09,975/- in Agreement. No.275/2023-24, Dt 21.10.2023 vide respect of work Providing internal CC road and Drains from Jillella road to Canal and other streets in YSR colony at Gospadu village of Gospadu Mandal, in Respect of M. Book No.0424 B of completion of GGMP and quality control vide dated 28.05.2024 and ii) Rs.8,56,524/- Dt 13.06.2023 vide respect of work Providing CC road and Drain from Telephone Lalithamma house to Sangu Obeleasu house in SC Colony and other streets in Yallur Village of Gospadu Mandal, in Respect of M. Book No.2003 A1 of completion of CMDF Grant 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 pleased to direct the respondents to release the total final bill amount worth of Rs.17,66,499/- to the petitioner and pay along with interest forthwith under the grant of GGMP & CMDF Grant pending disposal of the above writ petition pending disposal of the above writ petition and pass 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 :: The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.17,66,499/-, payable to the petitioner for execution of works i.e., 1) Providing internal CC road and drains p. 3 SRS,J at Gospadu Village of Gospadu Mandal and 2) Providing CC road and drains at Yallur Village of Gospadu Mandal, as illegal and arbitrary. 2. Heard Sri Annamneedi Bala Krishna, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appearing for respondent Nos.1 to 6. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the balance amount payable to the petitioner is Rs.9,93,024/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner 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.9,93,024/-. 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: p. 4 1 2025 SCC online SC 1400 SRS,J “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 respondent No.5, the Writ Petition is disposed of directing the respondents to release an amount of Rs.9,93,024/- (Rupees Nine Lakhs Ninety Three Thousand Twenty Four 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 Date: 10.03.2026 JLV p. 5 SRS,J 116 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20742 of 2024 Date: 10.03.2026 JLV