APHC010556832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29137/2025 Between: 1. MANCHALA MADAN KUMAR,, S/O. M. PULLAIAH, AGED ABOUT 37 YEARS, OCC. CONTRACTOR, R/O. D.NO. 28/276, RAMESHWARAM, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT (RURAL WATER SUPPLY AND SANITATION) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, JAMMALAMADUGU YSR KADAPA DISTRICT, ANDHRA PRADESH. 4. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, PRODDATUR, YSR KADAPA DISTRICT, ANDHRA PRADESH. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 6. THE PAY AND ACCOUNTS OFFICER, KADAPA, YSR KADAPA DISTRICT. Page 2 of 4 ...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, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in not releasing the 1st and Final bill amount of Rs.33,42,982/- which is admittedly due to the petitioner despite the Successful completion of work in terms of the agreement No. 26 of 2023-2024 dated 26-05-2023 for the work of 'Providing CC Road from D.No. 4-15 House to D.No. 4-23 House to MPP E.M. School Compound wall and D. No. 4-35 House side to D.No. 4-18 House side in SBI Colony of Dorasanipalli (GP) of Proddatur Mandal of YSR District entered with the Respondent No.3, in spite of repeated requests and representations, as arbitrary, illegal, discriminatory, unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon'ble Court issued from time to time and consequently direct the respondents to release the 1st and final bill amount of Rs. 33,42,982/- payable to the petitioner for the work executed by petitioner under the aforesaid agreement along with interest accrued on the said amount from the due date till the date of payment 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 release the withheld 1st and final bill amount of Rs. 33,42,982/- which is admittedly due to the petitioner despite the Successful completion of work in terms of the agreement No. 26 of 2023-2024 dated 26- 05-2023 for the work of “Providing CC Road from D.No.4-15 House to D.No.4-23 House to MPP E.M. School Compound wall and D. No. 4-35 House side to D.No. 4-18 House side in SBI Colony of Dorasanipalli (GP) of Proddatur Mandal of YSR District entered with the Respondent No.3, forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V NITESH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 3 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: ORDER Heard Sri V.Nitesh, 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 1st and Final bill amount of Rs.33,42,982/- which is admittedly due to the petitioner despite the Successful completion of work in terms of the agreement No.26 of 2023-2024 dated 26-05-2023 for the work of 'Providing CC Road from D.No.4-15 House to D.No.4-23 House to MPP E.M. School Compound wall and D.No.4-35 House side to D.No.4-18 House side in SBI Colony of Dorasanipalli (GP) of Proddatur Mandal of YSR District entered with the Respondent No.3, in spite of repeated requests and representations, 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 the 3rd respondent. 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.33,42,982/-. 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.33,42,982/-. Since the amount payable is admitted and undisputed, the writ petition is p. 4 maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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 the 3rd respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.33,42,982/- (Rupees Thirty Three Lakhs Forty Two Thousand Nine Hundred and Eighty Two only) payable to the petitioner regarding 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 PVD 1 2025 SCC online SC 1400