APHC010576392025 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: 30236/2025 Between: 1. M DHAMODHARAN, S/O. C.P.MANOHAR, AGED ABOUT 32 YEARS, OCC CONTRACTOR, R/O. THAMBIGANIPALLI, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, CHITTOOR, CHITTOOR DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, P.R.I, SUB- DIVISION,KUPPAM, CHITTOOR DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 2 declaring the action of the Respondents in withholding the payments of the Final Bills for amount of l).Rs.4,97,898/-, 2).Rs.4,93,340/-, 3).Rs.4,97,898 /- and 4),Rs.4,95,919/- then totally an amount of Rs. 19,85,055/- even after finalizing the bills, payable to the petitioner in relation to the works i.e. 1). Construction of CC road from Ravi House to Rajendra house in Vendugampalle of Vendugampalli GP in Kuppam Mandal, vide agreement No.585/2023-24, dt 09.02.2024 in M.Book No. 4188-C, 2). Construction of CC Road From Muruga house to gangarajulu house in Vendugampalle of Vendugampalli GP in Kuppam Mandal, vide agreement No.586/2023-24, dt09.02.2024 in M.Book No. 4288-C, 3). Construction of CC Road From Rajendra house to Muruga house in Vendugampalle GP in Kuppam Mandal, vide agreement No.587/2023- 24, dt 09.02.2024 in M.Book No. 4187-C, and 4). Construction of CC Road From Main road to Jayappa house at Kadapalli of KadapalliGP in Santhipuram Mandal, vide agreement No.623/2023-24, dt 29.02.2024 in M.Book No. 4331-C, respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to considerpayments of the final bill l).Rs.4,97,898/-, 2).Rs.4,93,340/-, 3).Rs.4,97,898/- and 4).Rs.4,95,919/- then totally an amount of Rs. 19,85,055/- with interest @12 percentage per annum for the delayed amount to the petitioner in respect of the execution of above-mentioned work forthwith and pass such other or further orders as the Honble Court 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 consider the payments of the Final Bill for amount of l).Rs.4,97,898/-, 2).Rs.4,93,340/-, 3).Rs.4,97,898/- and 4).Rs.4,95,919/- then totally an amount of Rs. 19,85,055/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. 1). Construction of CC road from Ravi House to Rajendra house in Vendugaimpalle of Vendugampalli GP in Kuppam Mandal, vide agreement No.585/2023-24, dt: 09.02.2024 in M.Book No. 4188-C, 2). Construction of CC Road From Muruga house to gangarajulu house in Vendugampalle of Vendugampalli GP in Kuppam Mandal, vide agreement No.586/2023-24, dt:09.02.2024 in M.Book No. 4288-C, 3). Construction of CC Road From Rajendra house to Muruga house in Vendugampalle GP in Kuppam Mandal, vide agreement No.587/2023- 24, dt: 09.02.2024 in M.Book No. 4187-C, and 4). Construction of CC Road From Main road to Jayappa house at Kadapalli of Kadapalli GP in Santhipuram Mandal, vide agreement No.623/2023-24, dt: 29.02.2024 in M.Book No. 4331-C, respectively, forthwith, pending disposal of the Writ Petition and pass 3 Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA 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 Anand Surya, leaned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning, appeared for the respondents 1 to 5. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs. 19,85,055/- (Rs.4,97,898/- + Rs.4,93,340/- + Rs.4,97,898/- + Rs.4,95,919/-), payable to the petitioner in relation to the works i.e., i) Construction of CC Road from Ravi House to Rajendra House in Vendugampalle, ii) Construction of CC Road from Murga House to Gangarajulu House in Vendugampalle, iii) Construction of CC Road from Rajendra House to Murga House in Vendugampalloe GP and iv) Construction of CC Road from Main Road to Jayappa House of Kadapalli GP. The Quality Control team inspected on 27.05.2024 and submitted a report on 03.06.2024. Despite the completion of the works, the amount was not released to the petitioner. 4 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of Executive Engineer, PRI Division, Chittoor -3rd respondent dated 22.12.2025. 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.17,26,391/-. 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 there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.17,26,391/-. 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.= 1 2025 SCC online SC 1400 5 7. Given the instructions furnished by the 3rd respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.17,26,391/- (Rupees Seventeen Lakhs Twenty Six Thousand Three Hundred and Ninety One only) payable to the petitioner regarding execution of the aforementioned works, 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 SNI 6 246 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30236 OF 2025 Date: 28.01.2026 SNI