APHC010404342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20934/2025 Between: 1. GOPISETTY HANUMANTHARAO, S/O. SRIRAMULU, AGED 50 YEARS, OCC BUSINESS, R/O. 3-346, BRAHMAM GARI GUDI, NEKARIKALLU, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH - 522615. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ RURAL DEVELOPMENT, A.P. SECRETARIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 23 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. 4. THE DISTRICT COLLECTOR, GUNTUR/PALANADU DISTRICT. 5. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, GUNTUR. 6. THE EXECUTIVE ENGINEER PR, T PRI- DIVISION, p. 2 NARASARAOPET, PALANADU 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 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 works as per the M-Book No.743/B and M-Book N0.744/B, with the total cost of Rs. 19,43,188/- under the MGNREGS grant works, for Construction CC Roads Drainages in Thondapi Village Grama Panchayat, Muppalla Mandal, Palanadu District 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 Honble 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 forthwith pay the final bill amounts payable to the Petitioner in relation to the works completed by petitioner under the MGNREGS grant works, for providing CC Roads & Drainages in Thondapi Village & Grama Panchayat, Muppalla Mandal, Palanadu District with the total cost of Rs. 19,43,188/-, 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 The Court made the following order: Heard, Sri T.Venu Gopal, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj p. 3 and Rural Development for the respondents 1 to 6 and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 7th respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.19,43,188/- payable to the petitioner in relation to the works executed i.e., i) Construction of Internal CC roads with CC Drains in THondapi Village of Muppalla Mandal, and ii) Construction of Internal CC Roads and CC Drains in Thondapi Village of Muppalla Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PRI Division, Narasaraopet – 6th respondent dated 16.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.24,82,839/- and the net amount payable to the petitioner after statutory deductions of Rs.10,63,645/-, is Rs.14,19,194/-. 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 the aforementioned works and the petitioner’s entitlement for Rs.14,19,194/-. 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. 1 2025 SCC online SC 1400 p. 4 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 Executive Engineer, PRI Division, Narasaraopet – 6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.14,19,194/- (Rupees Fourteen Lakhs Nineteen Thousand One Hundred and Ninety Four only) payable to the petitioner regarding execution of 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: 23.03.2026 SNI p. 5 245 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20934 of 2025 Date: 23.03.2026 SNI