APHC010414802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21547/2025 Between: 1. UTTARILLI NARASIMHA RAJU, S/O. U SIMHACHALAM, MALE, AGED ABOUT 46 YEARS RESIDENT OF D. NO. 20-16, RAILWAY STATION ROAD, AKIVIDU, AKIVIDU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELUM 4. THE EXECUTIVE ENGINEER, PRPIU DIVISION, ELURU 5. THE DEPUTY EXECUTIVE ENGINEER, PRL SUB-DIVISION, MANDAVALLI MANDAL ELURU 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 2 pleased pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasing the admitted/finalized bills payable to the Petitioner towards the completed 3 works of construction of CC roads in Kovvadalanka Village, Mandavalli Mandal, Krishna District under M-Book Pass Orders vide M-Book No. No. 4154A/2018- 19 to a tune of Rs. 11,45,354/- and completed 6 works of CC Roads in Varahapatnam Village, Kaikaluru Mandal, Krislina District falling under PRI Sub-Division, Mandavalli under M-Book Pass Orders vide M-Book No. No. 4238A/2018-19 to a tune of Rs. 5,10,834/- Vide M-book Pass Orders vide M Book No. 4318A/18-19 to a Uine of Rs. 10,71,583/-, totalling to Rs. 27,27,771/- Linder GGMP Funds, even after finalizing the bills violative of Articles 14 and 21 of the Constitution of India and also opposed the settled principles of law, and consequently direct the Respondents to forthwith release the due amount to the Petitioner to a tune of Rs. 27,27,771/- under GGMP Funds along with 12percent rate of interest and to pass such 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 maybe pleased to DIRECT the Respondents to release the amounts pending under M-Book Pass Orders vide M-Book No. No. 4154A/2018-19 to a tune of Rs. 11,45,354/- towards the completed 3 works of construction of CC roads in Kowadalanka Village, Mandavalli Mandal, Krishna District; and completed 6 works of CC Roads in Varahapatnam Village, Kaikaluru Mandal, Krishna District falling under PRI Sub-Division, Mandavalli under M-Book Pass Orders vide M-Book No. No. 4238A/2018-19 to a tune of Rs. 5,10,834/-; Vide M-book Pass Orders vide M Book No. 4318A/18-19 to a tune of Rs. 10,71,583/-, totalling to Rs. 27,27,771/- pending disposal of the Writ Petition and to pass such Counsel for the Petitioner: 1. PEDDIBHOTLA VENKATA SAI RAJESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING The Court made the following: 3 ::ORDER :: Heard Sri P.V.Sai Rajesh, learned counsel for the petitioner; 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 withholding an amount of Rs.27,27,771/-, payable to the petitioner in relation to execution of the works i.e. 1) Providing CC Road from R&B Road to Gullanki Subbara (H) in Varahapatnak (V) of Kaikaluru (M), 2) Providing CC Road from R&B road to Sai Krishna Veni house in Varahapatnam GP of Kaikaluru Mandal, 3) Providing CC road from R&B Road to Katta Lakshmi house in Varahapatnam GP of Kaikaluru Mandal, 4) Providing CC road from Arch to Boddu Ramaswamy house in Varahpatnam GP of Kaikaluru Mandal, 5) Providing CC road from Kagitha Suvarnaraju jouse to Pallem Vijay house in Varahapatnam GP of Kaikaluru Mandal, 6) Providing CC road from Busanaboina Satyanarayana House to Nunna Gangadhararao house in Varahapatnam GP of Kaikaluru Mandal, 7) Formation of CC road from Community Hall to Jayamangala Nagaraju (H) at Kovvadalanka (V) of Mandavalli (M), 8) Formation of CC road from Ghantasala Yashodamma House to Mungara Tirupathi Raju house at Kovvadalanka (V) of Mandavalli Mandal, and 9) Formation of CC road from Jayamangala Ramanjaneyulu House to Moru Bhargava Kumar house at Kovvadalanka Village in mandavalli Mandal, 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 Executive Engineer PIU (PR) Division, Eluru – 4th respondent dated 20.02.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a value of Rs.33,07,454/-. An amount of Rs.11,43,309 was already paid to the petitioner and the net amount payable 4 to the petitioner after statutory deductions of Rs.3,17,511/-, is Rs.17,30,324/-. 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 aforementioned work and the petitioner’s entitlement for Rs.17,30,324/-. 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 instructions furnished by the 4th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.17,30,324/- (Rupees Seventeen Lakhs Thirty Thousand Three Hundred and Twenty Four 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 Date: 26.02.2026 SNI 1 2025 SCC online SC 1400 5 171 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 21547 of 2025 Date: 26.02.2026 SNI