APHC010557422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29140 OF 2025 Between: 1. B.SREENIVASULU,, S/O. VISWANATH REDDY, AGED ABOUT 41 YEARS, R/O. D.NO.1-116, APSAM MANDALAM, KADIVELLA, BANAVANUR, KURNOOL DISTRICT-518350. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINNANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER PRI, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 4. DISTRICT COLLECTOR PANCHAYAT RAJ, KURNOOL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PRI DIVISION, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER PANCHAYAT RAJ, AHONI, KURNOOL DISTRICT. 7. THE BANAVANUR GRAMAPANCHAYAT, REP IT'S PANCHYAT 2 SRS, J W.P.No.29140 of 2025 SECRETARY, BANAVANUR (V) ASAPRI MANDAL, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR 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 Komma Vijaya Raj Kumar, 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. 2. The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.4,59,575/- in relation to the work executed by the petitioner i.e. 8Providing CC Road & Drain from C.Narayasanna House to Gajjihalli Anjaneyulu House at Banavanur (V) of Aspari Mandal9 pursuant to agreement No. /2023-24, dated 18.01.2024, 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 Executive Engineer PRI Division, Adoni - respondent No.6. 3 SRS, J W.P.No.29140 of 2025 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 after statutory deductions is Rs.4,11,594/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions submitted by the Executive Engineer PRI Division, Adoni - respondent No.6, there is no dispute regarding the execution of work and the petitioner9s entitlement for Rs.4,11,594/-. Since the amount payable is admitted and undisputed, the writ petition under Article 226 of the Constitution of India 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.=. 7. Given the instructions furnished by respondent No.6, the Writ Petition is disposed of directing the respondents to release/pay an amount of 1 2025 SCC online SC 1400 4 SRS, J W.P.No.29140 of 2025 Rs.4,11,594/- (Rupees Four Lakhs Eleven Thousand Five Hundred and Ninety Four only) payable to the petitioner regarding the 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: 28.01.2026 BSK 5 SRS, J W.P.No.29140 of 2025 273 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29140 OF 2025 Date: 28.01.2026 BSK