APHC010506372024 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: 26402/2024 Between: 1. BONU UMA MAHESWARA RAO, BONU UMA MAHESWARA RAO S/O. LATE SATYANARAYANA, AGED 47 YEARS, OCC CONTRACTOR, R/O. D.NO. 10-281, FLAT NO. 301, VIJAYA BHASKARA RESIDENCY, VISALAKSHI NAGAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF PANCHAYAT RAJ, , Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, . NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, 2 MANGALAGIRI, GUNTUR DISTRICT. 6. THE DISTRICT COLLECTOR, , ANAKAPALLI DISTRICT, ANAKAPALLI. 7. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, VISAKHAPATNAM. VISAKHAPATNAM DISTRIC 8. EXECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION, ANAKAPALLI, ANAKAPALLI DISTRIC 9. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. ...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 withholding the payment of balance of Rs. 24,57,644/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Construction of Meeting hall at Bheemili Mandal Praja Parishad Office at Bheemili of Visakhapatnam District through the Agreement No./2022-23, dated 16-11-2022 for an amount of Rs. 24,57,644/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 24,57,644/- to the petitioner in respect of execution of above- mentioned work 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 prayed that this Honble court may be pleased to direct the respondents to consider for payment for an amount of Rs. 24,57,644/- to the petitioner in respect of execution of work i.e.. Construction of Meeting hall at Bheemili Mandal Praja Parishad Office at Bheemili of Visakhapatnam District through the Agreement No./2022-23, dated 16-11-2022 for an amount of Rs. 24,57,644/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 3 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Rambau Koppineedi, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning for the respondents. 2. The above writ petition was filed to declare the action of the respondents in withholding the amount of Rs.24,57,644/- in relation to the work executed by the petitioner i.e., Construction of Meeting Hall at Bheemili Mandal Praja Parishad Office at Bheemili, Visakhapatnam District vide Agreement No…/2022-23 dated 16.11.2022, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Anakapalli – 8th respondent dated 09.02.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the 4 petitioner after statutory deductions is Rs.22,64,312/-. 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. 22,64,312/-. 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 8th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs. 22,64,312/- (Rupees Twenty Two Lakhs Sixty Four Thousand Three Hundred and Twelve only) payable to the petitioner regarding execution of the aforementioned work, within three (03) months from the date of receipt of the copy of this order. No order as to costs. 1 2025 SCC online SC 1400 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 16.02.2026 SNI 6 182 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26402 of 2024 Date: 16.02.2026 SNI