APHC010547072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28429/2025 Between: 1. AVULAMANDA BRAHMAIAH, S/O. SUNDARAIAH, AGED 36 YEARS, OCC CONTRACTOR, R/O. TANGIRALA VILLAGE, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASARAOPET. 5. THE VANIKUNTA GRAMAPANCHAYT, REP.BY IT SECRETARY, VANIKUNTA VILLAGE IPURU MANDAL, PALNADU DISTRICT. 6. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, NARASARAOPET, PALNADU DISTRICT. Page 2 of 5 7. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, VINUKONDA, PALNADU 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 to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the Ist admitted and Final bills amount of Rs 12,21,410/ Rs.4,10,527plus4,11,191plus 3,99,692 in respect of execution of three works 1. Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone 1 Work ID RWS-5065-8978 and Agreement No. 2022-23 Dt.04.03.2024 an amount of Rs.4,10527/- 2. Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-2 Work ID RWS-5065-8981 and Agreement No. 2022-23 Dt.04.03.2024 an amount of Rs.4,11,191 .3 Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-3 Work ID RWS-5065-9006 and Agreement No. /2022-23 Dt.04.03.2024 an amount of Rs.3,99,692/- under GGMP and GGMP 2022-23-G V W V and VSWS Grant in Rural Water Supply and Sanitation RWS and S Department, Vanikunta Village Ipur Mandal, Palnadu District which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, consequently direct the respondents to release the bills amount of Rs 12,21,410/- due to the petitioner in respect of execution of two works forthwith interest of 18 percentage and to 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 bills amount of Rs. 12,21,410/- (Rs.4,10,527plus 4,11,191plus3,99,692) in respect of execution of Three works: 1. Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-1, Work ID: RWS-5065-8978 and Agreement No. /2022- 23 Dt.04.03.2024 an amount of Rs.4,10,527/-. 2. Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-2 Work ID: RWS-5065-8981 and Agreement No. /2022-23 Dt.04.03.2024 an amount of Rs.4,11,191/-. 3. Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-3, Work ID: RWS-5065-9006 and Agreement No. /2022-23 Dt.04.03.2024 an amount of Rs.3,99,692/-, under GGMP and GGMP 2022-23-G V W V & VSWS Grant in Rural Water Supply and Sanitation (RWS & S) Department, p. 3 Vanikunta Village, Ipur Mandal, Palnadu District, immediately, pending disposal of main writ petition and pas Counsel for the Petitioner: 1. INTURI UMA SANTHOSHINI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri A. Rama Krishna, learned counsel representing Smt. Inturi Uma Santhoshini, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1 to 3, 6 and 7; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.4 and Sri M. Sudhir, learned standing counsel for respondent No.5. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.12,21,410/- (Rs.4,10,527/- + Rs.4,11,191/- + Rs.3,99,692/-), payable to the petitioner for the works executed by him i.e. 1) Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-1; 2) Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-2 and 3) Construction of Open Side Drains in Vanikunta GP of IPUR Mandal Zone-3 Work, 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 respondent No.7. Page 4 of 5 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.12,21,410/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding execution of work and the petitioner’s entitlement for Rs.12,21,410/-. 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, the Writ Petition is disposed of directing the respondents to release an amount of Rs.12,21,410/- (Rupees Twelve Lakhs Twenty One Thousand Four Hundred and Ten only) payable to the petitioner for 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: 23.02.2026 IKN p. 5 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28429 of 2025 Date: 23.02.2026 IKN