APHC010494902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25675/2024 Between: 1. P CHANDRASEKHARA REDDY, MEMBER, HABITATION WORKS COMMITTEE, S/O. NARAYANA REDDY AGE 54YEARS, R/O. 5-99, REDDY STREET, KANDIKAYAPALLI VILLAGE, PANYAM MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ, RURAL DEVELOPMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE CHIEF ENGINEER, PANCHAYATH DEPARTMENT, VIJAYAWADA,NTR DISTRICT 4. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PANCHAYATH RAJ DIVISION, NANDYAL, NANDYAL DISTRICT. 6. THE EXECUTIVE ENGINEER, PANCHYAT RAJ DIVISION, NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): 2 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 not releasing the payments, for the works executed by the petitioner providing i) Providing C.C. roads and C.C. Drain from Akula Bhupal house to Akula Adiseshu house at Kandikayapalli (V) of Panyam Mandal in Nandyal District through Agreement No. 108/2023-24 dated 28.06.2023 for an amount of Rs.3,67,420/-, ii) Providing C.C. roads and C.C. Drain from Gosula Ramakrishna house to Akula Lakshmaiah house at Kandikayapalli (V) GP of Panyam Mandal in Nandyal District through Agreement No. 110/2023-24 dated 28.06.2023 for an amount of Rs.3,83,253/-, iii) Providing C.C. road and C.C. Drain from NH-40 Service Roads to Juturu Rajeashwari House and other sides at Backside Police Station at Panyam 2 GP of Panyam Mandal in Nandyal District through Agreement No. 325/2023-24 for an amount of Rs.4,09,500/-, iv) Providing C.C. road and Drain from Panchavidi to Ganthi Sankhar house at Rachakatta and other side roads at Panyam Village and Mandal in Nandyal District through Agreement No. 326/2023-24 dated 12.12.2023 for amount of Rs.3,36,731/-, v) Providing C.C. road and Drain from Prakash Reddy house to HP Gas Office and other side roads at Panyam Village and Mandal in Nandyal District through Agreement No. 327/2023-24 dated 12.12.2023 for an amount of Rs.2,97,134/-, vi) Providing CC road and Drain from Juturu Rajeswari house to M.Basavaraj house and other side s at Back side Police Station at Panyam Village and Mandal in Nandyal District through Agreement No. 328/2023-24 dated 12.12.2023 for an amount of Rs.4,32,580/-, vii) Providing CC road and Drain from Ganthi Sankhar house to Prakash Reddy house and other side roads at Panyam Village and Mandal in Nandyal District through Agreement No. 329/2023-24 dated 12.12.2023 for an amount of Rs.2.50,460/-. viii) Providing CC road and Dram from Peta Chand Basha house to Shaik Hussen Vali house at Panyam Village and Mandal in Nandyal District through Agreement No. 390/2023-24 dated 02.01.2024 for an amount of Rs.4,46,464/-, ix) Providing CC road and Drain from Jamal Valli Dargah to Eranna Shop and Ganesh hotel to Peta Chand Basha house at Panyam Village and Mandal in Nandyal District through Agreement No. 391/2023-24 dated 02.01.2024 for an amount of Rs.4,50,509/- and x) Providing CC road and Drain from Palamarri Chinnaswami house to Chakali Anjaneyulu house and Palle Ramana Reddy house to Noor Ahammed house at Panyam Village and Mandal in Nandyal District through Agreement No.450/2023-24 dated 18.01.2024 for an amount of Rs.4,28,336/-. is illegal, arbitrary and contrary to law and un constitution 3 and violation of Article 14 of Constitution of India and consequently direct the respondents to release cumulative amount of Rs. 38,02,387/- with 18percent per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass such 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 Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order: Heard Ms. Marella Radha, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning, appeared for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.38,02,387/-, payable to the petitioner in relation to the ten works. The Quality Control team inspected on 07.03.2024, 02.04.2024 and 22.05.2024 and submitted a report on 14.03.2024, 03.04.2024 and 27.05.2024. Despite the completion of the work, the amount was not released to the petitioner. 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of the Executive Engineer, P.R.Division, Nandyal -6th respondent dated 31.01.2026. 4 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.37,90,948/-. 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 work and the petitioner’s entitlement for Rs. 37,90,948/-. 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 instructions furnished by the 6th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs. 37,90,948/- (Rupees Thirty Seven Lakhs Ninety Thousand Nine Hundred and Forty Eight only) payable to the petitioner regarding execution of the 1 2025 SCC online SC 1400 5 aforementioned work, 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: 16.02.2026 SNI 6 176 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25675 OF 2024 Date: 16.02.2026 SNI