APHC010502652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26322/2025 Between: 1. CH ESWARA RAO, S/O CH. GOVINDU, AGED 58 YEARS, D/O. 2-32, RAJA VARI VEEDHI, PEDA KOTHURU, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR AND THREE OTHERS. ...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 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 Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA p. 2 SRS,J Counsel for the Respondent: 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR PANCHAYAT RAJ RURAL DEV ::ORDER :: Heard Smt Devasri Roshan K., learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents 1, 3 and 4 and Ms. Usha, learned Assistant Government Pleader for Revenue appeared for respondent No.2. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.4,13,292/- (Rupees Four Lakhs Thirteen Thousand Two Hundred and Ninety Two only) relating to the work executed by the petitioner i.e. “I. Construction of SC Community Hall in Siripuam Village, in pursuance of Agreement No. /2023-2024/15.05.2023, 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 Executive Engineer, PRI Division, Kakinada – respondent No.3. 4. A perusal of the said instructions would disclose that the petitioner has executed the work and the net amount payable to the petitioner after statutory p. 3 SRS,J deductions is Rs.4,17,855/-. 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.4,17,855/-. 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.”. 6. Given the instructions furnished by respondent No.3, though there is s small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.4,17,855/- (Rupees Four Lakhs Seventeen Thousand Eight Hundred and Fifty Five only) payable to the petitioner regarding execution of the aforementioned work, p. 4 1 2025 SCC online SC 1400 SRS,J 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: 27.01.2026 IKN p. 5 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26322 of 2025 Date: 27.10.2026 IKN