APHC010541142025 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: 28286/2025 Between: 1. ADDANKI CHENCHU RAMAIAH, , S/O. VEERAIAH, AGED 55 YEARS, OCC AGRICULTURE, R/O. PASUMARRU (V) CHILAKALURIPET (M), PALNADU DISTRICT, EARLIER GUNTUR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE SECRETARY, MINISTRY OF RURAL DEVELOPMENT, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW DELHI-110001. 5. THE DISTRICT COLLECTOR, (PANCHAYAT WING), PALNADU DISTRICT (EARLIER GUNTUR DISTRICT). Page 2 of 6 SRS,J W.P.No.28286 of 2025 6. THE EXECUTIVE ENGINEER, PRI DIVISION, NARASARAOPETA, PALNADU DISTRICT (EARLIER GUNTUR DISTRICT) 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, CHILAKALURIPET, PALNADU DISTRICT (EARLIER GUNTUR DISTRICT). 8. THE MANUKONDAVARI PALEM GRAM PANCHAYAT, , MANUKONDAVARIPALEM, CHILAKALURIPET MANDAL, PALNADU DISTRICT (EARLIER GUNTUR DISTRICT) REPRESENTED BY ITS EXECUTIVE AUTHORITY - CUM - PANCHAYAT SECRETARY. 9. THE SARPANCH, MANUKONDAVARIPALEM GRAM PANCHAYAT CHILAKALURIPET MANDAL, PALNADU DISTRICT (EARLIER GUNTUR 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the funds amounting to Rs.56,976/-, Rs.29,623/-, Rs.36,187/- and Rs. 17,924/- to the petitioner in pursuance of 10 percent of 14th Finance Commission grant works under convergence funds towards cost of the material supplied and for execution of works as illegal, arbitrary, violative of principles of natural justice, provisions of the Andhra Pradesh Panchayat Raj Act, 1994, the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and unconstitutional and consequently direct the respondents to release the undisputed amounts of Rs.56,976/-, Rs.29,623/-, Rs.36,187/- and Rs. 17,924/- to the petitioner towards the 10 percent component from the grants of 14th Finance Commission along with interest at the rate of 18 percent per annum from the due dates until payment is made, 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 undisputed amounts of Rs.56,976/-, Rs.29,623/-, Rs.36,187/- and Rs. 17,924/- to the petitioner towards 10 percent component from the grants of Finance Commission along with interest at the rate of 18percent per annum from the due dates until p. 3 SRS,J W.P.No.28286 of 2025 payment is made for the works executed by him, pending disposal of the main writ petition, and pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER :: Heard Sri Ramesh Babu Talluri, 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 6 and Sri M. Sudhir, learned standing counsel for respondents 7 to 9. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.1,40,710/- (Rs.56,976/- Rs.29,623/-, Rs.36,187/- and Rs.17,924/-) payable to the petitioner for execution of work i.e. „Internal CC Roads and said Drains in Manukondavaripalem (V) of Chilakaluripet (M) (total four works) in pursuance of 10% of 14th Finance Commission grant works under convergence funds, as illegal and arbitrary. Page 4 of 6 SRS,J W.P.No.28286 of 2025 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of Executive Engineer, PRI Division, Narasaraopet – respondent No.6. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner is Rs.1,40,710/-. 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 work and the petitioner‟s entitlement for Rs.1,40,710/-. 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.6, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,40,710/- p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.28286 of 2025 (Rupees One Lakh Forty Thousand Seven Hundred and Ten only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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.28286 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28286 of 2025 Date: 27.01.2026 IKN