APHC010551922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28666/2025 Between: 1. K SURYANARAYANA REDDY, S/O NAGIREDDY (LATE) AGED ABOUT 65 YEARS, OCC-CONTRACTOR, R/O D.NO. 2-18, ALLURU VILLAGE, VEERLAPADU MANDAL, NTR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PVS ICON, TADEPALLI GUNTUR DISTRICT 4. THE EXECUTIVE ENGINEER, PRI DIVISION, VIJAYAWADA, NTR DISTRICT 5. THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, NANDIGAMA, NTR DISTRICT p. 2 6. THE ASSISTANT ENGINEER, PRI DIVISION, VIJAYAWADA, NTR DISTRICT THE ASSISTANT ENGINEER, 7. THE ASSISTANT ENGINEER, ANDALA PRAJA PARISHAD VEERLLAPADU NTR 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 declaring the action of the respondents in not releasing the payments for the works executed by the petitioner in relation to the Construction of CC Road from Monduru Sailamma House to Monduru Bhayamma House (Bit-1) in Alluru Village to the tune of Rs.4,82,891/- ,Construction of CC Road from Pullarao House to Rudrapathi Bhagyamma House (Bit-2) in Alluru Village to the tune of Rs.4,82,891/-, Construction of CC Road from Mudavath Ravi House to Kandula Subashini House, Kandula Subashini House to Ittadi Ester House, Kondavati Srinu House to Nandru Ramarao House (Bit-3) in Alluru Village to the tune of Rs.4,72,480/-, Construction of CC Road from Jamalaiah House to Monduru Bhayamma House (Bit-4) in Alluru Village to the tune of Rs.4,80,845/-, Construction of CC Road from Kamala Tiruapathirao House to BMCU site, Monduru Bhayamma House to Tati Suresh Babu House, Monduru Bhayamma House to Tati Prasad House, Rudrapathi Bhagyamma House to Sambathini Srinivasrao House (Bit-5) in Alluru Village to the tune of Rs.4,37,847/- Construction of CC Road from Polimera Road to Kondavati Srinu House (Bit- 6) in Alluru Village to the tune of Rs.4,82,891/-, Construction of CC Road from Chinna Baburao House to Manda Prasad House, Nandru Ramarao House to Mattagunja Shekar House, Bellamkonda Nageswarrao House to Ch.Durgarao House (Bit-7) in Alluru Village to the tune of Rs.4,39,882/- Construction of CC Road from Polimera Road to Kandula Subashini House (Bit-8) in Alluru Village to the tune of Rs.4,82,891/- Totaling to the tune of Rs. 37,62,618/- (Thirty Seven Lakhs Sixty Two Thousand and Six Hundred Eighteen Rupees Only) in Alluru Village, Veerullapadu Mandal, NTR District as bad, illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to forthwith release the payments due to the petitioner the tune of Rs. 37,62,618/- (Thirty Seven p. 3 Lakhs Sixty Two Thousand and Six Hundred Eighteen Rupees Only) along with interest from the date of entry in M- Books 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 forthwith release the payment for the works executed by the petitioner in relation to the aforesaid works to the tune of Rs.37,62,618/- (Thirty Seven Lakhs Sixty Two Thousand and Six Hundred Eighteen Rupees Only) and pass Counsel for the Petitioner: 1. D V SASIDHAR 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 D.V. Sasidhar, learned counsel for the petitioner, and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat 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 amount of Rs.37,62,618/- payable to the petitioner in relation to eight works executed by him i.e. 1) Construction of CC Road from Monduru Sailamma House to Monduru Bhayamma House (Bit-1) in Alluru Village, 2) Construction of CC Road from Pullarao House to Rudrapathi Bhagyamma House (Bit-2) in Alluru Village, 3) Construction of CC Road from Mudavath Ravi House to Kandula Subashini House, Kandula Subashini House to Ittadi Ester House, Kondavati Srinu House to Nandru Ramarao House (Bit-3) in Alluru Village, 4) Construction of CC Road from p. 4 Jamalaiah House to Monduru Bhayamma House (Bit-4) in Alluru Village, 5) Construction of CC Road from Kamala Tiruapathirao House to BMCU site, Monduru Bhayamma House to Tati Suresh Babu House, Monduru Bhayamma House to Tati Prasad House, Rudrapathi Bhagyamma House to Sambathini Srinivasrao House (Bit-5) in Alluru Village, 6) Construction of CC Road from Polimera Road to Kondavati Srinu House (Bit-6) in Alluru Village, 7) Construction of CC Road from Chinna Baburao House to Manda Prasad House, Nandru Ramarao House to Mattagunja Shekar House, Bellamkonda Nageswarrao House to Ch.Durgarao House (Bit-7) in Alluru Village and 8) Construction of CC Road from Polimera Road to Kandula Subashini House (Bit-8) in Alluru Village, as illegal and arbitrary. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PRI Division, Vijayawada. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.37,62,618/- and the net amount payable to the petitioner after QC / statutory recovery of Rs.4,36,862/-, is Rs.33,25,756/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. The petitioner has paid a Court Fee of only Rs.100/-, and the petitioner shall pay the deficit Court Fee of Rs.700/- within one week from the receipt of the order copy and file a memo to that effect, failing which the Registry will take necessary steps for payment of the deficit Court Fee. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for p. 5 Rs.33,25,756/-. 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.” 8. Given the instructions furnished by the Executive Engineer, PRI Division, Vijayawada, the Writ Petition is disposed of directing the respondents to release the amount of Rs.33,25,756/- (Rupees Thirty Three Lakhs Twenty Five Thousand Seven Hundred and Fifty Six only) payable to the petitioner regarding execution of aforementioned work, within four (04) 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: 17.03.2026 IKN 1 2025 SCC online SC 1400