APHC010539742025 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: 28007/2025 Between: 1. MUNJETI SATYANARAYANA, S/O LAXMU NAIDU, AGED 37 YEARS, D.NO. 3-4, COLONY, REGIDI VILLAGE, REGIDI AMADAVALASA MANDAL, SRIKAKULAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT, AP. 2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT, AP. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, BOBBILI VIZIANAGARAM DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, RAJAM, VIZIANAGARAM DISTRICT. 5. MANDAL ENGINEERING OFFICER, REGIDI AMADAVALASA MANDAL, VIZIANAGARAM DISTRICT. 6. ENGINEERING ASSISTANT, REGIDI VILLAGE, REGIDI AMADAVALASA MANDAL VIZIANAGARAM DISTRICT. ...RESPONDENT(S): p. 2 SRS,J 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 topleased to issue a Writ, direction, order or orders, more one in the nature of WRIT OF MANDAMUS, declaring the actions of the Respondents in not releasing the remaining admitted bill amounts of Rs. Rs. 7,59,584/- for the works executed Construction of CC Road and Retaining Wall at ST Colony of Regidi GP Bit - 1, 2 and 3 of Regidi Amadavalasa Mandal, Vizianagaram District as illegal, arbitrary, contrary to the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, violative of Article 14,19(1)(g) and 21 of the Constitution, and consequently direct the Respondents to release the remaining admitted bill amounts of Rs. Rs. 7,59,584/- for the works executed Construction of CC Road and Retaining Wall at ST Colony of Regidi GP Bit - 1, 2 and 3 of Regidi Amadavalasa Mandal, Vizianagaram District along with interest 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 pleased to direct the Respondents to release the remaining admitted bill amounts of Rs. Rs. 7,59,584/- for the works executed ‘Construction of CC Road and Retaining Wall at ST Colony of Regidi GP Bit -1,2 & 3 of Regidi Amadavalasa Mandal, Vizianagaram District, and pass Counsel for the Petitioner: 1. MAMIDI VAIBHAV RAJ 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 Mamidi Vaibhav Raj, learned counsel for the petitioner; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat p. 3 SRS,J 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 remaining bill amount of Rs.7,59,584/- in relation to the works executed by the petitioner i.e. ‘Construction of CC Road and Retaining Wall at ST Colony of Regidi GP Bit – 1, 2 and 3 of Regidi Amadavalasa Mandal, Vizianagaram District, 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 (FAC), PRI Division, Vizianagaram @ Bobbili – respondent No.3. 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.7,59,576/-. 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 works and the petitioner’s entitlement for Rs.7,59,576/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. p. 4 SRS,J 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 respondent No.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.7,59,576/- (Rupees Seven Lakhs Fifty Nine Thousand Five Hundred and Seventy Six 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. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.01.2026 IKN p. 5 1 2025 SCC online SC 1400 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28007 of 2025 Date: 27.01.2026 IKN