APHC010554062023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28738/2023 Between: 1. MADUGULA SANTHAKUMARI, W/O.BABURAO, AGED ABOUT 48 YEARS, R/ O .D .NO. 1-55A, LINGALA VILLAGE, VATSAVAI MARICIAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETA.RIAT BUILDING. VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 4. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ CIRCLE, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE EXECUTIVE ENGINEER, PRI, DIVN, VIJAYAWADA, KRISHNA DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, PRI/SUB DIVISION, JAGGAIAHPETA, KRISHNA DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, PRI, JAGGAYYAPETA, 2 KRISHNA DISTRICT. 8. LINGALA GRAM PANCHAYAT, REP. BY ITS SECRETARY, VATSAVAI MANDAL, KRISHNA DISTRICT. 9. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in not preparing the measurement book even after completing the half of the work to a tune of Rs.1,00,00,000/- out of Rs.2,00,00,000/- payable to the petitioner in relation to the work i.e., Formation and gravelling to the road from Lingala. to Pochavaram via Gangavalli PWD Canal Bank in Lingala Village of Vastsavai Mandal, Krishna District vide proceedings of the 3rd respondent dt.25.10.2018, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider in preparing the measurement book even after completing the half of the work to a tune of Rs.1,00,00,000/- out of Rs.2,00,00,000/- payable to the petitioner in relation to the work i.e., Formation and gravelling to the road from Lingala to Pochavaram via Gangavalli PWD Canal Bank in Lingala Village of Vastsavai Mandal, Krishna District vide proceedings of the 3rd respondent dt.25.10.2018 and pass IA NO: 1 OF 2023 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 in preparing the measurement book even after completing the half of the work to a tune of Rs.1,00,00,000/- out of Rs.2,00,00,000/- payable to the petitioner in relation to the work i.e., "Formation and gravelling to the road from Lingala to Pochavaram via Gangavalli PWD Canal Bank in Lingala Village of Vastsavai Mandal, Krishna District" vide proceedings of the 3rd respondent dt.25.10.2018 pending disposal of the writ petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 3 Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, 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 paying the amount payable to the petitioner, to a tune of Rs.1,00,00,000/-, in relation to the work i.e., Formation and gravelling to the road from Lingala to Pochavaram via Gangavalli PWD Canal Bank in Lingala Village of Vastsavai Mandal, Krishna District, as illegal and arbitrary. 3. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Vijayawada – 5th respondent dated 12.02.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.61,03,817/-. After QC recovery of Rs.2,76,527/-, the balance amount payable to the petitioner comes to Rs.58,27,290/-. 4 5. In reply, Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.58,27,290/-. 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.58,27,290/- 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.”. 7. Given the submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.58,27,290/- (Rupees Fifty Eight Lakhs Twenty Seven Thousand Two Hundred and Ninety only) payable to the petitioner regarding execution of the aforementioned work, within five (05) months from the date of receipt of the copy of this order. No order as to costs. 1 2025 SCC online SC 1400 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.02.2026 SNI 6 202 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28738 of 2023 Date: 23.02.2026 SNI