APHC010504482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26690/2024 Between: 1. AKULA SRIDHAR, S/O. VENKATA RAMANA, AGED ABOUT 43 YEARS, OCC CONTRACTOR, R/O.D.NO.1-156, NEAR KRISHNA TEMPLE, KADIYAPU SAVARAM VILLAGE, KADIYAM MANDAL, EAST GODAVARI DISTRICT - 533126. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PACHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, HOUSING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- 522237. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA DISTRICT, KAKINADA 5. THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, KAKINADA DISTRICT. 6. THE TAHSILDHAR, GANDEPALLE MANDAL, KAKINADA DISTRICT. 2 7. THE GANDEPALLE GRAM PANCHAYAT, GANDEPALLE MANDAL, KAKINADA DISTRICT. REP. BY ITS PANCHAYAT SECRETARY. 8. THE MALLEPALLE GRAM PANCHAYAT, , GANDEPALLE MANDAL, KAKINADA DISTRICT. REP. BY ITS PANCHAYAT SECRETARY 9. THE UPPALAPADU GRAM PANCHAYAT, GANDEPALLE MANDAL, KAKINADA DISTRICT. REP. BY ITS PANCHAYAT SECRETARY. 10. THE ANDHRA PRADESH STATE HOUSING CORPORATION LTD, PLOT NOS 11 AND 12, NIRMAAN BHAVAN, JAWAHAR AUTO NAGAR, VIJAYAWADA - 520007. REP. BY ITS MANAGING DIRECTOR ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted sum of Rs.76,94,060/- (Rupees Seventy Six Lakh Ninety four Thousand and Sixty only) relating to works mentioned in tabular form in Gandepalle, Mallepalle, Uppalapadu villages in Gandepalle Mandal under the scheme of Navaratnalu Pedalandariki lllu Programme as illegal, irregular, arbitrary and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 Constitution of India and consequently direct the Respondents to release a sum of Rs.76,94,060/- (Rupees Seventy Six Lakh Ninety four Thousand and Sixty only) along with 12 percent interest from the date of completion of the works to till the date of realization forthwith 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 to release a sum of Rs.76,94,060/- (Rupees Seventy Six Lakh Ninety four Thousand and Sixty only) relating to works mentioned in tabular form in Gandepalle, Mallepalle, Uppalapadu villages in Gandepalle Mandal under the scheme of Nava ratnalu - Pedalandariki lllu Programme to the Petitioner forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner: 3 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 5. GP FOR FINANCE PLANNING 6. GP FOR HOUSING The Court made the following: ::ORDER :: Heard Sri B.Jaya Prabhakar Rao, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appeared for the respondents 1 and 3, Sri Soma Raju, learned Assistant Government Pleader for Housing appeared for the 2nd respondent, Ms. Usha, learned Assistant Government Pleader for Revenue appeared for the respondents 4 to 6, Sri M.Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel appeared for the respondents 7 to 9 and Sri M.Malikarjuna, learned Standing counsel appeared for the 10th respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.76,94,060/- (Rupees Seventy 4 Six Lakh Ninety Four Thousand and Sixty only) payable to the petitioner in relation to the following works: i. Layout ID No.042703LA101915, Jungle Clearance in Gandepalle Village. ii. Layout ID No.042703LA101915, Stone cost in Gandepalle Village. iii. Layout ID No.042703LA101913, Jungle Clearance and Leveling the house sites, Mallepalle Village. iv. Layout ID No.042703LA101913, Jungle Clearance and Leveling the house sites, Mallepalle Village. v. Layout ID No.042703LA101915, Jungle Clearance and Leveling the house sites, Gandepalle Village. vi. Layout ID No.042703LA101913, Land Leveling, Mallepalle Village. vii. Layout ID No.042703LA101915, Land Leveling, Gandepalle Village. 3. Learned counsel for the petitioner would submit that the respondents 4 to 9 identified the aforementioned works in Gandepalle Village, Uppalapadu Village and Mallepalle Village under the Navaratnalu - Pedalandariki Illu Programme. The works were entrusted to the petitioner on nomination. The petitioner executed the works, and the respective authorities made an endorsement in the M-books. Despite the completion of works, the amounts due were not released. 5 4. The District Revenue Officer, on behalf of the District Collector and District Magistrate, submitted written instructions vide Ref.L6/E-58391/2025 dated 30.10.2025, the operative portion of the order reads as follows: <The Revenue Divisional Officer, Peddapuram vide reference 7th cited, has reported that the Tahsildar, Gandepalli submitted that out of the amount of Rs.76,94,060/- claimed by the present Writ Petitioner, an amount of Rs.5,62,080/- was sanctioned infavour of Pamu Suribabu towards purchase of survey stones and plantation charges of stones in the layouts. Due to non willing of villagers to occupy the sites allotted to them, stone plantation works have not been started. Hence, the Tahsildar, Gandepalli has requested to exempt the amount of Rs.5,62,080/- from the amount claimed by the present Writ Petitioner and submitted the report an amount of Rs.71,31,980/- is due for payment to the writ petitioner towards land leveling, bush clearance and development charges. In view of the above circumstances, it is submitted that necessary action shall be initiated for payment of developmental charges to the present writ petitioner soon after receipt of funds from the Government duly following the procedure.= 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement. Since there is no dispute regarding the petitioner’s entitlement and 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 1 2025 SCC online SC 1400 6 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.= 6. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents to release an amount of Rs.76,94,060/- (Rupees Seventy Six Lakh Ninety Four Thousand and Sixty only) payable to the petitioner regarding the aforementioned works done by the petitioner, within six (06) 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: 28.01.2026 SNI 7 184 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26690 OF 2024 Date: 28.01.2026 SNI