APHC010542352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28444/2025 Between: 1. BOPPUDI SRINIVASARAO, S/O AMARAIAH AGE 73 YEARS, OCC CONTRACTOR, 2-7, IRUKUPALEM, MUPPALLA, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE EXECUTIVE ENGINEER, PRI DIVISION, NARSARAOPET, GUNTUR DISTRICT. 4. THE DIRECTOR, PAY AND ACCOUNTS, FINANCE DEPARTMENT ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 5. PAY AND ACCOUNT OFFICERPAO, PAY AND ACCOUNT OFFICER (PAO), WORKS AND ACCOUNTS, VIJAYAWADA, KRISHNA DISTRICT. ...RESPONDENT(S): p. 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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not paying admitted bills an amount of Rs. 16,57,567/- even after finalizing the bills payable to the petitioner in relation to the work i.e.Providing Additional Amenities to Community Flail in SC Colony of Dhulipalla Village in Sattenapalli Mandal under the agreement No- /2023-24 respectively dated 18.07.2023 even after finalizing the Bill, as illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequentially direct the respondents to pay above said bills to petitioner forthwith 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 to direct the respondents to pay the admitted bills for an amount of Rs. 16,57,567/- even after finalizing the bills payable to the petitioner in relation to the work i.e Providing Additional Amenities to Community Hall in SC Colony of Dhulipalla Village in Sattenapalli Mandal” under the agreement /2023-24 respectively dated 18.07.2023 under forthwith, pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1. GOUTHAMI SURAPAREDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.16,57,567/- in relation to the work executed by the petitioner i.e. providing additional amenities to community hall in SC colony of Dhulipalla Village, Sattenpalli Mandal, p. 3 pursuant to the Agreement No.Nil/2023-24, dated 18.07.2023 (Ex.P1), as illegal and arbitrary. 2. Heard Smt Gouthami Surapareddy, learned counsel for the petitioner; Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PRI Division, Narasaraopet – respondent No.3. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned work. It would further indicate that the total value of the work done by the petitioner is Rs.17,53,478/-, and after deductions, i.e. Rs.1,37,573/-, the net amount payable to the petitioner is Rs.16,15,905/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as per the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.16,15,905/-. 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 p. 4 1 2025 SCC online SC 1400 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.=. 6. Given the instructions furnished by respondent No.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.16,15,905/- payable to the petitioner regarding execution of the aforementioned works, 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: 03.03.2026 TVN p. 5 183 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28444 of 2025 Date: 03.03.2026 TVN