APHC010557522024 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: 29042/2024 Between: 1. G SATYANARAYANA REDDY, S/O. SADHASIVA REDDY, AGED ABOUT 49 YEARS, R/O. H.NO.2-30, R. KOTHAPALLI VILLAGE, GUMMAGATTTA MANDAL, ANANTHAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 238. 3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ DEPARTMENT, ANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, PR PIU DIVISION, ANANTHAPURAM. ...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 the respondents in p. 2 not releasing the admitted bills payable to the petitioner towards the completed works under 1. Agreement No. 2370000303, an amount of Rs. 1,33,67,724/- through Bill No. 2024-9023271, 2. Agreement No.2370000304 an amount of Rs. 70,54,294/- through Bill No. 2024-9023697, and 3. Agreement No. 2470009702 for an amount of Rs. 10,97,050/- through Bill No. 2024-9023822 all together in total Rs.2,15,19,068/-, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law and consequently direct the respondents to forthwith release the due amount payable to the petitioner towards the completed works under 1. Agreement No. 2370000303, an amount of Rs. 1,33,67,724/- through Bill No. 2024-9023271, 2. Agreement No.2370000304 an amount of Rs. 70,54,294/- through Bill No. 2024-9023697, and 3. Agreement No. 2470009702 for an amount of Rs. 10,97,050/- through Bill No. 2024-9023822 all together in total Rs.2,15,19,068/-, and pass IA NO: 1 OF 2024 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 respondent Nos: 1 and 2 to release the amount payable to the petitioner for the completed work under 1. Agreement No. 2370000303, an amount of Rs.1,33,67,724/- through Bill No. 2024-9023271, 2. Agreement No.2370000304 an amount of Rs. 70,54,294/- through Bill No. 2024- 9023697,and 3. Agreement No. 2470009702 for an amount of Rs. 10,97,050/- through Bill No. 2024-9023822 all together in total Rs.2,15,19,068/- pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats p. 3 The Court made the following order: Heard Sri Ravula Nagarjuna, 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 an amount of Rs.2,15,19,068/- (Rs.1,33,67,724/- + Rs.70,54,294/- + Rs.10,97,050/-) payable to the petitioner in relation to works executed by him, in pursuance of agreement Nos.2370000303, 2370000304 and 2470009702, as illegal and arbitrary. 3. The writ petition was listed on 11.12.2024 and 18.02.2026 and adjourned at the request of the learned Assistant Government Pleader, either to get instructions or to file a counter. 4. Today, when the matter is taken up, the learned Assistant Government Pleader submitted the instructions of respondent No.4. 5. As seen from the instructions, pending the writ petition, certain amounts were paid to the petitioner and the balance amount payable in relation to third work, after deducting an amount of Rs.4,80,587/-, is Rs.36,16,900/-. 6. Learned counsel for the petitioner endorses the same. 7. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.36,16,900/- payable to the petitioner. Since the amount payable is p. 4 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.36,16,900/- (Rupees Thirty Six Lakhs Sixteen Thousand Nine Hundred only) payable to the petitioner regarding execution of the 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: 11.03.2026 IKN p. 5 1 2025 SCC online SC 1400 193 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29042 of 2024 Date: 11.03.2026 IKN