APHC010548752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28991/2025 Between: 1. M JANARDHAN REDDY, S/O M.SUBBARAMI REDDY CONTRACTOR, D.NO. 3/66, OBULAREDDYPETA VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT , AP,NH16,TADEPALLI, AMARAVATI GUNTUR. 3. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB- DIVISION ,MYDUKUR. YSR KADAPA DISTRICT. 5. THE ANNALURU GRAM PANCHAYAT, REP BY ITS SECRETARY ,MYDUKUR MANDAL, YSR KADAPA DISTRICT. 6. THE SARPANCH, AIMALURU GRAMPANCHAYAT MYDUKUR MANDAL ,YSR KADAPA DISTRICT. 7. THE STATE OF ANDHRAPRADESH, REP BY ITS PRL. SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2 ...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 direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works as per the details mentioned pursuant to the works Providing Internal CC Roads from Perugu Subbarayudu House to C Gangaraju House and location in Somayajulapalli of Annaluru GP of Mydukur Mandal towards M.Book .No.M.Book No.2223-B/2016-17 Vide Agreement No.06/2023-24 for an amount of Rs.2,59,990/-(Two lakhs fifty nine thousand nine hundred and ninty rupees only ) and 2)Providing Internal CC Roads from Chinthakunta Gangaiah House to C.Sreenu house and other location in Somayajulapalli of Annaluru GP of Mydukur Mandal, towards M.Book.No.2219-B/2016-17 Vide Agreement No.07/2023-2024 for an amount of Rs.l,57,479/-(one lakh fifty seven thousand four hundred and seventy nine Rupees only) together with interest @18percent per annum in respect of work pending disposal of the above writ petition 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 for payment of the works towards M.Book .No. 2223-B/2016-17 for an amount of Rs.2,59,990/- (Two lakhs fifty rrine thousand nine hundred and ninty rupees only) in respect of works Providing Internal CC Roads from Perugu Subbarayudu House to C Gangaraju House and location in Somayajulapalli of Annaluru GP of Mydukur Mandaland 2)M.Book No. 2219-B/2016-17 for an amount of Rs.l,57,479/-(one lakh fifty seven thousand four hundred and seventy nine Rupees only) Providing Internal CC Roads from Chinthakunta Gangaiah House to C.Sreenu house and other location in Somayajulapalli of Annaluru GP of Mydukur Mandal, together with interest @ 18% per annum, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 3 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. GP FOR FINANCE PLANNING The Court made the following order: Heard Sri Akkem Srihari Virat, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1, 2, 4 and 7, Ms. Usha, learned Assistant Government Pleader for Revenue for the 3rd respondent and Sri M.Sudhir, learned Standing counsel for the respondents 5 and 6. 2. The above writ petition was filed to declare the action of the respondents in not paying the amount payable to the petitioner, to a tune of Rs.4,17,469/- (Rs.2,59,990/- + Rs.1,57,479/-), in relation to the works i.e., 1) providing internal CC roads from Perugu Subbarayudu House to C.Gangaraju House and location in Somayajulapalli of Annaluru Gram Panchayat of Mydukur Mandal, vide M.Book No.2223-B/2016-17, Agreement No.06/2023- 2024 and 2) providing internal CC roads from Chinthakunta Gangaiah House to C.Sreenu House and other location in Somayajulapallil of Annaluru Gram Pancahayt of Mydukur Mandal, vide M.Book No.2219-B/2016-17, Agreement No.07/2023-2024, as illegal and arbitrary. 4 3. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Deputy Executive Engineer, PRI Division, Mydukur – 4th respondent dated 07.03.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.4,73,630/-. After statutory recovery of Rs.58,161/-, the balance amount payable to the petitioner comes to Rs.4,15,469/-. 5. In reply, Sri Akkem Srihari Virat, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.4,15,469/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.4,15,469/- payable to the petitioner. 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.”. 1 2025 SCC online SC 1400 5 7. Given the submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.4,15,469/- (Rupees Four Lakhs Fifteen Thousand Four Hundred and Sixty Nine only) payable to the petitioner regarding execution of the aforementioned works, 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: 11.03.2026 SNI 6 182 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28991 of 2025 Date: 11.03.2026 SNI