APHC010563602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29430/2024 Between: 1. BLN CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER B LAKSHMI NARASAIAH, S/O. B GANGAIAH, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O. 6/969-G, 18, H-13, VIDYUTH NAGAR, RAJAMPET, YSR KADAPA DISTRICT, PINCODE 516115. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NH16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAIAH DISTRICT. 5. THE SUPERINTENDING ENGINEER, PR CIRCLE, KADAPA, YSR KADAPA DISTRICT. 6. THE EXECUTIVE ENGINEER, PRL DIVISION, RAJAMPET, ANNAMAIAH DISTRICT 2 ...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 not releasing the amounts of Rs.7,18,635/- vide M Book No. 139/B/Dy.EE/2018-19, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of Community Hall to Journalists at Rajampet of Rajampet Mandal, vide Agreement No. / 2018-19, dated 07.09.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.7,18,635/- vide M Book No. 139/B/Dy.EE/2018-19 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 the respondents to pay for payment of amount of Rs.7,18,635/- vide M Book No. 139/B/Dy.EE/2018-19 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Community Hall to Journalists at Rajampet of Rajampet Mandal, vide Agreement No. / 2018-19, dated 07.09.2018, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Smt. M.Sumalatha, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning for the respondents. 3 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.7,18,635/-, payable to the petitioner in relation to the work i.e., Construction of Community Hall to Journalists at Rajampet of Rajampet Mandal, vide M Book No.139/B/Dy.EE/2018-19, vide Agreement No../2018-19 dated 07.09.2018, 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 Executive Engineer, PRI Division, Rajampet – 6th respondent, dated 23.03.2026. 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.7,18,635/-. 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 work and the petitioner’s entitlement for Rs.7,18,635/-. 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 1 2025 SCC online SC 1400 4 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 Executive Engineer, PRI Division, Rajampet – 6th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.7,18,635/- (Rupees Seven Lakhs Eighteen Thousand Six Hundred and Thirty Five only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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: 24.03.2026 SNI 5 165 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29430 OF 2024 Date: 24.03.2026 SNI