APHC010410962023 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: 21296/2023 Between: 1. GOLLAPUDI MURALI KRISHNA VARA PRASAD, S/O. KRISHNAIAH, AGED 61 YEARS, OCC. AGRICULTURE, R/O. H.NO. 8-120, CHERUKUPALLI VILLAGE, CHERUKUPALLI MANDAL, BAPATLA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, BAPATLA DISTRICT (EARLIER GUNTUR DISTRICT). 5. THE EXECUTIVE ENGINEER, PR DIVISION, TENALI, GUNTUR DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, CHERUKUPALLI MANDAL, BAPATLA DISTRICT, (EARLIER GUNTUR 2 DISTRICT). 7. THE CHERUKUPALLI GRAIN PANCHAYAT, REPRESENTED BY ITS EXECUTIVE AUTHORITY- CUM-PANCHAYAT SECRETARY, CHERUKUPALLI, BAPATLA DISTRICT (EARLIER GUNTUR DISTRICT). 8. THE SARPANCH, CHERUKUPALLI GRAM PANCHAYAT, CHERUKUPALLI MANDAL, BAPATLA DISTRICT (ARLIER GUNTUR 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing Security Deposits amount of (i) Rs.30,000/-, Rs.26,000/-, Rs. 50,659/-, Rs.8,488/-, 14,885/-, Rs.276/-, Rs.25,355/- and Rs.1742/- totaling Rs.1,57,405/- for the work Construction of Bharat Nirman Rajiv Gandhi seva Kendra for Gram Panchayat at Cherukupalli Village and mandal. (ii) Rs.10,413/- and Rs.8027/- totaling Rs.18,440/- for the work Providing internal CC roads in SC Colony of Cherukupalli Village and Mandal. and (iii) Rs.3,750/- and Rs.3541/- totaling Rs.7,291/- for the work Providing internal CC Roads from Vucha Rambabu House to Anjaiah House in Cherukupalli Village and Mandal, as illegal, arbitrary and violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994, Andhra Pradesh Detailed Preliminary Standard Specification and unconstitutional and consequently direct the respondents to release the amounts of Rs.1,57,405/-, Rs.18,440/- and Rs.7,291/- to the petitioner forthwith and pass IA NO: 1 OF 2023 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 release Security Deposit amount of Rs.1,57,405/-, Rs.18,440/- and Rs.7,291/- to the petitioner deducted from the final bills forthwith pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 3 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR FINANCE PLANNING 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER:: Heard Sri K.Praveen, learned counsel representing Sri Ramesh Babu Talluri, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning, appeared for the respondents 1 to 5 and Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 6 and 7. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.1,83,136/- (Rs.1,57,405/- + Rs.18,440/- + Rs.7,291/-), payable to the petitioner in relation to the works i.e., i) Providing internal CC Road from Vusa Ram Babu House to Anjaiah House in Cheukupalli Village and Mandal, ii) Construction of Bharat Nirman Rajiv Gandhi Seva Kendram (for Gram Panchayat) at Cherukupalli Village and Mandal and iii) Providing internal CC Roads in SC Colony of Cherukupalli Village and Mandal. 4 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of the Executive Engineer, PR (PIU) Division, Bapatla dated 10.02.2026. 4. Thus, as seen from the instructions, in respect of the second work, the petitioner did not claim the bill due to the pendency of the QC. The authority requested a QC certificate vide RC.NO.MGNREGS/SDF/QC Report/2025 dated 01.02.2026, and the QC certificate was received on 09.02.2026. 5. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work, and the balance amount payable to the petitioner after statutory deductions is Rs.1,42,520/-. The written instructions are made as part of the record. 6. Learned counsel for the petitioner endorses the same. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.1,42,520/-. 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 1 2025 SCC online SC 1400 5 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.” 8. Given the instructions furnished by the Executive Engineer, PR (PIU) Division, Bapatla, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,42,520/- (Rupees One Lakh Forty Two Thousand Five Hundred and Twenty only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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: 10.02.2026 SNI 6 173 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21296 OF 2023 Date: 10.02.2026 SNI