APHC010454842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23401/2024 Between: 1. GADDAM KESHAVA REDDY,, S/O. G. HANUMANTHA REDDY, AGED 51 YEARS, R/O. H.NO. 1-4, KAPA STREET, KONGANAPADU (PO), KALLURU (M) KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) KURNOOL, KURNOOL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PR DIVISION KURNOOL, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER, PRI DIVISION, KURNOOL, KURNOOL DISTRICT. Page 2 of 5 7. THE DEPUTY EXECUTIVE ENGINEERING, PRI SUB DIVISION, KALLUR, KURNOOL 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs. 5,86,000/-, vide M Book No. 4531-B in Agreement Dt-25/11/2023, for which the name of work was Formation and gravelling the road from Konganapadu to Nayakal at Konganapadu (V) Kallur (M), with interest of execution of completion of CRS Grants per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 5,86,000/- for execution of completion of CRS Grants as per agreement, to the petitioner forthwith, and pass IA NO: 1 OF 2024 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 releasing the Final Bills of total amount worth of Rs. 5,86,000/-, vide M Book No. 4531-B in Agreement Dt:25/11/2023, for which the name of work was “Formation and gravelling the road from Konganapadu to Nayakal at Konganapadu (V) Kallur (M)”, with interest of execution of completion of CRS Grant as per agreement, to the petitioner forthwith, pending disposal of the above writ petition pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: p. 3 ::ORDER:: Heard Sri Annamneedi Balakrishna, 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 amount of Rs.5,86,000/- payable to the petitioner in relation to the work executed i.e., Formation and gravelling the road from Konganapadu to Nayakal at Konganapadu Village, Kallur Mandal, vide M.Book.No.4531-B, 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, Kurnool – 6th respondent, dated 25.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.6,96,849/- and the net amount payable to the petitioner after statutory deductions of Rs.1,14,585/-, is Rs.5,82,264/-. 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 work and the petitioner’s entitlement for Rs.5,82,264/-. 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 p. 4 1 2025 SCC online SC 1400 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 Executive Engineer, PRI Division, Kurnool – 6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.5,82,264/- (Rupees Five Lakhs Eighty Two Thousand Two Hundred and Sixty Four only) payable to the petitioner regarding execution of 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: 30.03.2026 SNI p. 5 177 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23401 of 2024 Date: 30.03.2026 SNI