APHC010455122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24308/2025 Between: 1. M/S SRI SRINIVASA AND COMPANY, (FIRM NO.114 OF 1998), D.NO.1-2-83, 6TH.LANE, SVN COLONY, GUNTUR, GUNTUR DISTRICT, BEING REP. BY ITS MANAGING PARTNER M. GANGAIAH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, 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, PALNADU DISTRICT, NARASARAOPET. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, NARASARAOPET, GUNTUR DISTRICT (NOW PALNADU). 5. THE ASSISTANT PAY AND ACCOUNTS OFFICER, LINGAMGUNTIA, NARASARAOPET, PALNADU DISTRICT. 6. THE ASSISTANT DIRECTOR/ DISTRICT, MINES AND GEOLOGY DEPARTMENT, NARASARAOPET, PALNADU DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.30.10.2025 IN I.A.NO.02 OF 2025. ...RESPONDENT(S): 2 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 appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amount to the Petitioner i.e., Rs.39,10,093/- (Rupees Thirty Nine Lakhs Ten Thousand Ninety Three Only) in respect of the work for Construction of Internal CC Roads cum drains and construction of community hall within Dodleru Village of Krosuru Mandal, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14 and 21 of the Constitution of India, consequently direct the Respondents to pay the total contract bill amount of Rs.39,10,093/- (Rupees Thirty Nine Lakhs Ten Thousand Ninety Three Only) along with interest for the works carried by the Petitioner and 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 to direct the Respondents forthwith to pay the total contract bill amount of Rs.39,10,093/- (Rupees Thirty Nine Lakhs Ten Thousand Ninety three only long with interest in respect of works carried by the Petitioner pending disposal of the Writ Petition and pass such IA NO: 2 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 Implead proposed Respondent No.6 as Respondent No. 6 in the main Writ Petition in W.P.No.24308 of 2025 and in all interlocutory applications in the interest of justice and pass Counsel for the Petitioner: 1. MANIKANTA THOTA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following order: Heard Sri K.Nirmal Datta, learned counsel representing Sri Manikanta Thota, 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 not paying the amount payable to the petitioner, to a tune of Rs.39,10,093/-, in relation to the work i.e., Construction of Internal CC roads cum drains and construction of community hall within Dodleru Village of Krosuru Mandal, as illegal and arbitrary. 3. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Narasaraopet – 4th respondent dated 09.03.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.39,10,123/-. After QC recovery of Rs.8,75,873/-, the balance amount payable to the petitioner comes to Rs.30,34,250/-. 5. In reply, Sri K.Nirmal Datta, learned counsel representing Sri Manikanta Thota, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.30,34,250/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of 4 Rs.30,34,250/- payable to the petitioner. 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.30,34,250/- (Rupees Thirty Lakhs Thirty Four Thousand Two Hundred and Fifty 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: 11.03.2026 SNI 1 2025 SCC online SC 1400 5 179 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24308 of 2025 Date: 11.03.2026 SNI