APHC010480412025 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: 25176/2025 Between: 1. M/S KMR CONSTRUCTIONS, 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 STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 p. 2 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. 9,93,237/- (Rupees Nine Lakhs, Ninety Three Thousand Two Hundred And Thirty Seven only), even after finalizing the bills payable to the petitioner in relation to the Four works i.e. I. providing drinking water facility through 100percent FHTCs to krakutur to krautur GP of kaligiri Mandal(Rs. 73,042/-). II.Augmentation of Existing water supply scheme and providing FHTCs to Narayanauram of Siripuram GP of Kavali Mandal (Rs.8,26,765/-).lll.Providing Drinking water facility through 100percent FHTCs to Mittapalem of Krishnareddypalem GP of Kaligiri Mandal (Rs.49,122/- ),IV.Providing Drinking water Facility through 100percent FHTC To Ambativaripalem of nagasamudram GP Of Kaligiri mandal (Rs.44,308/-) 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 to direct the respondents to forthwith consider releasing the amounts Rs. 9,93,237/- (Rupees Nine Lakhs, Ninety Three Thousand Two Hundred And Thirty Seven only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.9,93,237/- relating to the works executed by the petitioner i.e. (i) Augmentation of existing water supply scheme and providing FHTCs to Narayanapuram of Siripuram GP of Kavali Mandal, (ii) Providing drinking water facility through 100% FHTCs to Krakuturu p. 3 Habitation of Krakuturu GP of Kaligiri Mandal, (iii) providing drinking water facility through 100% FHTCs to Mittapalem Habitation of Krishna Reddypalem GP of Kaligiri Mandal and (iv) providing drinking water facility through 100% FHTCs to Ambativaripalem (V) of Nagasamudram GP, Kaligiri Mandal, as illegal and arbitrary. 2. Heard Mrs. Devastri Roshan, learned counsel for the petitioner; Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, RWS & Sr Division, Nellore – respondent No.3. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It would further indicate that the total value of the work done by the petitioner is Rs.9,93,237/-, and after statutory recoveries, i.e. Rs.88,929/-, the net amount payable to the petitioner is Rs.9,04,308/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.9,04,308/-. 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 p. 4 1 2025 SCC online SC 1400 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.”. 6. Given the instructions furnished by respondent No.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.9,04,308/- payable to the petitioner regarding execution of the aforementioned works, 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: 25.02.2026 TVN p. 5 203 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25176 of 2025 Date: 25.02.2026 TVN