APHC010493652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25785/2025 Between: 1. AVULA VENKATESWARLU, S/O. AVULA KRISHNA, AGED ABOUT 52 YEARS, R/O. D.NO. 15-9H-16-2, HAZINAGAR, NANDIKOTKUR MANDAL, NANDIKOTKUR, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. 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, THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 5. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 6. THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYAL, p. 2 NANDYAL DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, NANDIKOTKUR, NANDYAL DISTRICT. 8. THE MANDAL ENGINEERING OFFICER, MPP, NANDIKOTKUR MANDAL, NANDYAL 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 a 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 final bills amount worth of Rs. 16,48,059/- vide its procedgs. Rc. No. A/9/2022/lnfra dated .10.2023 1) Rs. 2,01,198/- vide M. Book. No. 3558-A for the work of Formation of Internal roads to the Jagananna Colony layout (Urban) form Plot No. 45 to 387, 15 to 596 at Pagidyala road left side at Nandikotkur (VandM) in Nandyal District, 2) Rs. 3,49,065/- vide M. Book. No. 3558-A for the work of Formation of Internal roads to the Jagananna Colony layout (Urban) form Plot No. 347 to 228 at Pagidyala road left side at Nandikotkur (VandM) in Nandyal District, 3) Rs. 3,78,051/- vide M. Book. No. 3558-A for the work of Formation of Internal roads to the Jagananna Colony layout (Urban) form Plot No. 456 to 472, 650 to 661 and 348 to 386 at Pagidyala road left side at Nandikotkur (VandM) in Nandyal District, 4) Rs. 3,35,372/- vide M. Book. No. 3558-A for the work of Formation of Internal roads to the Jagananna Colony layout (Urban) form Plot No. 1 to 56, 611 to 619 and 586 to 590 at Pagidyala road left side at Nandikotkur (VandM) in Nandyal District 5) Rs. 3,84,373/- vide M. Book. No. 3558-A for the work of Formation of Internal roads to the Jagananna Colony layout (Urban) form Plot No. 171 to 228 and 629 to 638 at Pagidyala road left side at Nandikotkur (VandM) in Nandyal District and above (05) works was sanction under Non- OTS-Category Grant under Panchayat Raj Department through the Ageements ,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. 16,48,059/-with interest at 18 percentage for the pending bills forthwith for the above said works executed by the petitioner 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 p. 3 pleased to direct respondents to consider for pending bills of Rs. 16,48,059/- with interest 18percentage for the works executed by the petitioner for the various works under Non-OTS-Category Grant, in Nandikotkur, Nandyal District under Panchayat Raj Department through the Agreements forthwith, pending disposal of the main Writ Petition and pass 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 and Sri 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 total final bills amount worth of Rs. 16,48,059/- in relation to above referred works, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the 6th respondent. 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.14,27,659/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner also endorses the same. p. 4 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.14,27,659/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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.14,27,659/- (Rupees Fourteen Lakhs Twenty Seven Thousand Six Hundred and Fifty Nine 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 PVD 1 2025 SCC online SC 1400