APHC010480342025 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: 25177/2025 Between: 1. KMR CONSTRCUTIONS, REP BY ITS MANAGING PARTNER KASU MADHUSUDHAN REDDY, S/O. LATE MALAKONDA REDDY AGE 55 YEARS, R/O. 27-2-353, PULIMI STREET NELLORE-524002, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ENGINEER IN CHIEF RWS AND S, RURAL WATER SUPPLY AND SANITATION DEPARTMENT GOLLAPUDI, VIJAYAWADA- 521225. 3. THE EXECUTIVE ENGINEER, RWS AND SR DIVISION, NELLORE SPSR NELLORE DISTRICT. 4. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, NELLORE, SPSR NELLORE. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. Page 2 of 6 ...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 declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 44,32,777/- (Rupees Forty four Lakhs, Thirty two Thousand Seven Hundred And Seventy seven only).even after finalizing the bills payable to the petitioner in relation to the works i.e. 1. Providing FHTC by utilising existing infrastructure and retrofitting in KATTAKINDAPALEM of ANEMADUGU GP of KAVALI Mandal.(Rs. 8,93,363/-) II. Augmentation of existing water supply scheme and Providing FHTCs to SARVAYAPALEM of SARVAYAPALEM GP of KAVALI Mandal.(Rs.8,22,914/-)lll. Argumentation of existing water supply scheme and Providing FHTs to SARVAYAPALEM GP of KAVALI Mandal.(Rs.4,72,289/-) IV. Providing FHTCs by utilising existing infrastructure and Retrofitting in kothapalli of kothapalli GP of Kavali mandal (Rs.6,47,881/-)V. Augmentation of existing water supply scheme and Providing FHTCs to GUMMADIBONDALA of RUDRAKOTA GP of KAVALI Mandal.(RS.4,19,716/- ),VI. Augmentation of existing water supply scheme and providing FHTCS to RAMACHANDRAPURAM of THALLAPALEM of KAVALI Mandal.(Rs.4,63,878/-),VII. Providing FHTCs under Retrofitting in Kovurupalli habitation of Kovurupalli GP in Bogole Mandal of SPS Nellore District (Rs.7,13,236/-) , and pass 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 pleased to direct the respondents to forthwith consider releasing the amounts Rs. 44,32,777/- (Rupees Forty four Lakhs, Thirty two Thousand Seven Hundred And Seventy seven only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA p. 3 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Smt. K. Devasri Roshan, 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.44,32,777/- (Rs.8,93,363/- + Rs.8,22,914/- + Rs.4,72,289/- + Rs.6,47,881/- + Rs.4,19,716/- + Rs.4,63,878/- + Rs.7,13,236/-) in relation to seven works executed by the petitioner i.e. 1) ‘Providing FHTCs by utilizing existing infrastructure and Retrofitting in Kattakindapalem of Anemadugu Gram Panchayat, Kavali Mandal, 2) Augmentation of Existing Water Supply Scheme and Providing FHTCs to Sarvayapalem, Sarvayapalem Gram Panchayat, Kavali Mandal and 3) Augmentation of Existing Water Supply Scheme and Providing FHTCs to Alliguntapalem of Sarvayapalem Gram Panchayat, Kavali Mandal, 4) Providing FHTCs by utilizing exiting Infrastructure and Retrofitting in Kothapalli, Kothapalli Gram Panchayat, Kavali Mandal, 5) Augmentation of Existing Water Supply Scheme and Providing FHTCs to Gummadibondala, Rudrakota Gram Panchayat, Kavali Mandal, 6) Augmentation of Existing Water Supply Scheme and Providing FHTCs to Ramachandrapuram, Thallapalem Gram Panchayat, Kavali Mandal and 6) Providing FHTCs under p. 4 Retrofitting in Kovurupalli habitation of Kovurupalli Gram Panchayat, Bogole Mandal, SPSR Nellore District,’ as illegal and arbitrary. 3. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.3. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a gross value of Rs.44,33,277/- and the net amount payable to the petitioner after statutory deductions of Rs.2,13,910/-, is Rs.42,19,367/-. 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.42,19,367/-. 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.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.42,19,367/- (Rupees Forty Two Lakhs Nineteen Thousand Three Hundred and Sixty Seven only) payable to the petitioner regarding execution of the aforementioned works, within four (04) 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: 25177 of 2025 Date: 23.02.2026 IKN