APHC010572282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29916/2025 Between: 1. M DHAMODHARAM, S/O. C.P.MANOHAR, AGED ABOUT 32 YEARS, OCC CONTRACTOR, R/O. THAMBIGANIPALLI, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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 2 pleased toPleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payments of the Final Bills for amount of 1). Rs.4,83,022/-, 2).Rs. 4,96,149/-, 3). Rs.4,95,974/- and 4),Rs.4,99,427/- then totally an amount of Rs. 19,74,572/- even after finalizing the bills, payable to the petitioner in relation to the works i.e. 1). Construction of CC Road From Srinivasamurthy House To Peddabayya house at Chandam GP in Kuppam Mandal, vide agreement o.583/2023-24, dt 09.02.2024 in M.Book No. 4269-C, 2.Construction of CC Road From Panchamukhi Anjaneya Swamy Temple to Sarpanch Kumaraswamy House in Chandam of Chandam GP in Kuppam Mandal, vide agreement No.596/2023-24, dt 09.02.2024 in M.Book No. 4268-C, 3). Construction of CC Road From Peddavanka Main Road to Dorai Kottalu of Peddavanka, H/o Nayanuru GP of Kuppam Mandal, vide agreement No.618/2023-24, dt 29.02.2024 in M.Book No. 4371-C, and 4). onstruction of CC Road From BT road to Shanmugam house at Dommaragraharam H/o Mankaladoddi GP of Kuppam Mandal, vide agreement No.620/2023-24, dt 29.02.2024 in M.Book No. 4270-C, respectively, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider payments of the final bill 1). Rs.4,83,022/-, 2).Rs. 4,96,149/-, 3). Rs.4,95,974/- and 4).Rs.4,99,427/- then totally an amount of Rs. 19,74,572/- 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 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 Please to direct the respondents to consider the payments of the Final Bill for amount of 1). Rs.4,83,022/-, 2).Rs. 4,96,149/-, 3). Rs.4,95,974/- and 4).Rs.4,99,427/- then totally an amount of Rs.19,74,572/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. 1). Construction of CC Road From Srinivasamurthy House To Peddabayya house at Chandam GP in Kuppam Mandal, vide agreement No.583/2023-24, dt. 09.02.2024 in M.Book No. 4269-C, 2). Construction of CC Road From Panchamukhi Anjaneya Swamy Temple to Sarpanch Kumaraswamy House in Chandam of Chandam GP in Kuppam Mandal, vide agreement No.596/2023- 24, dt.09.02.2024 in M.Book No. 4268-C, 3). Construction of CC Road From Peddavanka Main Road to Dorai Kottalu of Peddavanka, H/o Nayanuru GP of Kuppam Mandal, vide agreement No.618/2023-24, dt. 29.02.2024 in M.Book No. 4371-C, and 4) Construction of CC Road From BT road to Shanmugam house at Dommaragraharam H/o Mankaladoddi GP of Kuppam Mandal, vide 3 agreement No.620/2023-24, dt 29.02.2024 in M.Book No. 4270-C, respectively, forthwith, pending disposal of the Writ Petition and pass 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 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, 3, 4 and 5 and Ms. Usha, learned Assistant Government Pleader for Revenue appeared for the 2nd respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.19,74,572/- (Rs.4,83,022/- + Rs.4,96,149/- + Rs.4,95,974/- + Rs.4,99,427/-), payable to the petitioner in relation to the works i.e., i) Construction of CC Road from Srinivasamurthy House to Peddabayya at Chandam GP, ii) Construction of CC Road from Panchamukhi Anjaneya Swamy Temple to Srpanch Kumaraswamy house in Chandam GP, iii) Construction of CC Road from Peddavanka Main Road to Dorai Kottalu of Peddavanka H/o Nayanuru GP and iv) Construction of CC Road from BT road to Shanmugam house at Dommaragraham H/o Mankaladoddi GP. The Quality Control team inspected on 10.05.2024 and 4 submitted a report on 16.05.2024. Despite the completion of the work, the amount was not released to the petitioner. 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 14.02.2025. 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.17,10,173/-. 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.17,10,173/-. 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 1 2025 SCC online SC 1400 5 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.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.17,10,143/- (Rupees Seventeen Lakhs Ten Thousand One Hundred and Forty Three only) payable to the petitioner regarding 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: 22.01.2026 SNI 6 263 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29916 OF 2025 Date: 22.01.2026 SNI