APHC010404222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21779/2025 Between: 1. 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 ENGINEER, (PANCHAYAT RAJ), PIU DIVISION, GUNTUR, GUNTUR DISTRICT. p. 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 and Agreement No. /2023-2024, dated 04- 01-2024, for the works executed by it with the total cost of Rs.13,54,726/- under the scheme of GGMP (Gadapa Gadapaku Mana Prabhutvam) Grant works, for providing internal CC Roads in Gollapalem and Gundalapadu Villages, Phirangipuram Mandal, Guntur District, and approved for payment, even after completion of defect liability period and in spite 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 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 forthAvith 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 Gollapalem & Gundalapadu Villages, Phiramgipuram Mandal, Guntur District, with the total amount of Rs.13,54,726/-, pending disposal of the main Writ Petition and pass 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 p. 3 The Court made the following: ORDER Heard Sri T.Venu Gopal, 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. 2. The above writ petition was filed to declare 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 and Agreement No. /2023-2024, dated 04-01-2024, for the works executed by it with the total cost of Rs.13,54,726/- under the scheme of GGMP (Gadapa Gadapaku Mana Prabhutvam) Grant works, for providing internal CC Roads in Gollapalem and Gundalapadu Villages, Phirangipuram Mandal, Guntur District, 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 5th 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.13,54,726/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.13,54,726/-. 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.”. 6. Given the instructions furnished by the 5th respondent, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.13,54,726/- (Rupees Thirteen Lakhs Fifty Four Thousand Seven Hundred and Twenty Six 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 PVD 1 2025 SCC online SC 1400