APHC010454872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23825/2025 Between: 1. M. BASWAYYA NAIDU RAM, S/O. VISWANADHAM AGED ABOUT 45 YEARS, OCC CONTRACTOR, R/O. D. NO. 1-08, MAIN ROAD, UPPALAGUPTAM,EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. 5. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYA RAO PETA, VIJAYAWADA. N.T.R DISTRICT. Page 2 of 6 6. THE EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 8. THE MANDAL ENGINEERING OFFICER, PRI, UPPALAGUPTHAM VILLAGE, DR. B. R. AMBEDKARKONASEEMA 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs. 7,29,333/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., 1) Agreement No. 603/2023-24, Dt 09.01.2024 for Providing Construction of CC road from Nammidi Pallam Raju (H) to Ambedkar Statue in Uppallaguptham (V) of Uppalaguptham Mandal vide M. Book. No. 3920B/2022-23 for Rs.2,59,515/- , 2) Agreement No. 601/2023-24, Dt 09.01.2024 for Providing Construction of CC road from Molati Peda Satyanarayana (H) to Komanapalli Nageswara Rao (H) in Uppallaguptham (V) of Uppalaguptham Mandal vide M. Book. No. 3922B/2022-23 for Rs. 4,69,818/- above (02) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs. 7,29,333/- in Dr. B. R. AmbedkarKonaseema District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs. 7,29,333/- with interest at 18percent for the pending bills forthwith for the above said works executed by the petitione 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 respondents to consider for pending bills of Rs. 7,29,333/- with interest p. 3 @ 18 % for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Dr, B. R. AmbedkarKonaseema District through the Agreements forthwith, pending disposal of the main Writ Petition 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: ::ORDER :: Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner; 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 remaining bill amount of Rs.7,29,333/- in relation to the works executed by the petitioner i.e. ‘1) Construction of CC road from Nammidi Pallam Raju (H) to Ambedkar Statue in Uppallaguptham (V) of Uppalaguptham Mandal and 2) Construction of CC road from Mokati Peda Satyanarayana (H) to Komanapalli Nageswara Rao (H) in Uppallaguptham (V) of Uppalaguptham Mandal, as illegal and arbitrary. Page 4 of 6 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.6. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.6,70,233/-. 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 works and the petitioner’s entitlement for Rs.6,70,233/-. 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.”. p. 5 1 2025 SCC online SC 1400 7. Given the instructions furnished by respondent No.6, the Writ Petition is disposed of directing the respondents to release an amount of Rs.6,70,233/- (Rupees Six Lakhs Seventy Thousand Two Hundred and Thirty Three 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: 23.02.2026 IKN p. 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23825 of 2025 Date: 23.02.2026 IKN