APHC010461012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23768/2024 Between: 1. SHAIK KADIYALA JOHN,, S/O CHINNA MASTAN, AGED 60 YEARS, CONTRACTOR, R/O. D.NO.12-39, CHINNA BAVI CENTER, GURAZALA VILLAGE AND MANDAL, GUNTUR DISTRICT (NOW PALNADU) ...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 SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, GUNTUR, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, NARASARAOPET, GUNTUR DISTRICT (NOW PALNADU). 5. THE ASSISTANT PAY AND ACCOUNTS, LINGAMGUNTLA, NARASARAOPET, GUNTUR DISTRICT (NOW PALNADU). 6. THE GANGAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, GANGAVARAM VILLAGE, GURAZALA MANDAL, 2 GUNTUR DISTRICT (NOW PALNADU). 7. THE CHERLAGUDIPADU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHERLAGUDIPADU VILLAGE, GURAZALA MANDAL GUNTUR DISTRICT (NOW PALNADU). ...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 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. 34,35,936/- (Rupees Thirty Four Lakhs Thirty Five Thousand Nine Hundred and Thirty Six Only) for Construction of CC roads in Gangavaram Village and Cherlagudipadu Village of Gurazala Mandal, Guntur District (Now Palnadu), 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. 34,35,936/- (Rupees Thirty Four Lakhs Thirty Five Thousand Nine Hundred and Thirty Six Only) along with interest for the work carried by the Petitioner 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 forthwith to pay the total contract bill amount of Rs. 34,35,936/- (Rupees Thirty Four Lakhs Thirty Five Thousand Nine Hundred and Thirty Six Only) along with interest in respect of work carried by the Petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MANIKANTA THOTA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. 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, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 5 and 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 withholding the amount of Rs.34,35,936/- in relation to the work executed by the petitioner i.e., Construction of CC Roads in Gangavaram Village and Cherlagudipadu Village, Gurazala Mandal, Guntur District, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, (FAC), PRI Division, Narasaraopet – 4th respondent dated 17.02.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned work is Rs.36,71,774/-. After Withheld/Statutory recovery of Rs.5,44,455/-, the balance amount payable to the petitioner comes to Rs.31,27,319/-. 4 5. In reply, Sri K.Nirmal Datta, learned counsel representing Sri Manikanta Thota, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.31,27,319/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of Rs.31,27,319/- 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 balance amount of Rs.31,27,319/- (Rupees Thirty One Lakhs Twenty Seven Thousand Three Hundred and Nineteen 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. 1 2025 SCC online SC 1400 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.02.2026 SNI 6 264 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23768 of 2024 Date: 25.02.2026 SNI