APHC010538122025 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: 27958/2025 Between: 1. KATCHALLA NOOKARAJU, S/O.NARSIMHULU, AGED 39 YEARS, OCC CONTRACTOR, R/O.TOOTIPALA, MAMIDIPALEM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,THULLUR MANDAL, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 5. THE CHIEF PLANNING OFFICER, ANAKAPALLI DISTRICT, ANAKAPALLI. Page 2 of 6 SRS,J W.P.No.27958 of 2025 6. EXECUTIVE ENGINEER PANCHAYAT RAJ P R I, DIVISION, NARSIPATNAM, ANAKAPALLI DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...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 toPleased 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.20,13,578/- even after finalizing the bills, payable to the petitioners in relation to the works under GGMP Grant i.e., i) Construction of CC Drain from towards Mirasi Fields gorge road to GiduturuKyalasapatnam Road Surisetti Prasad house at Rajupeta Village of Kotauratia Mandal of Anakapalli District through the Agreement No./2023-2024, dated 05-12-2023 for an amount of Rs.10,19,022/- and ii) Package No. 14 (3 Works) Construction of CC Road and Com pound walls of Makavarapalem Mandal, Anakapalli District through the Agreement No./2023-24, dated 11-09-2023 for an amount of Rs.9,94,556/- totaling an amount of Rs.20,13,578/- 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.20,13,578/- to the petitioner in respect of execution of above-mentioned work 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 consider for payment of amount of Rs.20,13,578/- to the petitioner in respect of execution of works under GGMP Grant i.e., i) Construction of CC Drain from towards Mirasi Fields gorge road to GiduturuKyalasapatnam Road near Surisetti Prasad house at Rajupeta Village of Kotauratia Mandal of Anakapalli District through the Agreement NO./2023-2024, dated 05-12-2023 for an amount of Rs.10,19,022/- and ii) Package No. 14 (3 Works) Construction of CC Road and Com pound walls of Makavarapalem Mandal, Anakapalli District through the Agreement NO./2023- p. 3 SRS,J W.P.No.27958 of 2025 24, dated 11-09-2023 for an amount of Rs.9,94,556/- totaling an amount of Rs.20,13,578/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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 Rambabu Koppineedi., learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 3 and 5 to 7 and Ms. Usha, learned Assistant Government Pleader for Revenue, for respondent No.4. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.20,13,578/- (Rs.10,19,022/- + Rs.9,94,556/-) for the works executed by the petitioner i.e. i) Construction of CC Drain from Mirasi Fields Gorge Road to Giduturu Kyalasapatnam Road near Surisetti Prasad house at Rajupeta Village of Kotauratla Mandal, Anakapalli District and ii) Package No.14 (3 works) Construction of CC Road and Compound walls of Makavarapalem Mandal, Anakapalli District, in p. 4 SRS,J W.P.No.27958 of 2025 pursuance of agreements dated 05.12.2023 and 11.09.2023, respectively, 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, Narsipatnam – respondent No.6. 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.20,38,129/-. 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 works and the petitioner’s entitlement for Rs.20,38,129/-. 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. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.27958 of 2025 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 6. Given the instructions furnished by respondent No.6, though there is a 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.20,38,129/- (Rupees Twenty Lakhs Thirty Eight Thousand One Hundred and Twenty Nine only) payable to the petitioner regarding execution of the aforementioned work, 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: 27.01.2026 IKN p. 6 SRS,J W.P.No.27958 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27958 of 2025 Date: 27.01.2026 IKN