APHC010576382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29944/2025 Between: 1. M DHAMODHARAN, S/O C.P. MANOHAR, AGED ABOUT 32 YEARS, OCC CONTRACTOR, R/O THAMBIGANIPALLI VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ 85 RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR 3. THE EXECUTIVE ENGINEER, PRI DIVISION, CHITTOOR, CHITTOOR DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, KUPPAM, CHITTOOR DISTRICT 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, 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 declaring the action of the 2 Respondents herein, in withholding the payment of balance amounts in 2nd and Final Bills of i) Rs. 55,455/-, ii) Rs. 61,550/-, iii)Rs.54,200/-, iv) Rs. 54,707/-, v) Rs. 54,308/- and Rs.59,009/- totally Rs.3,39,229/- in relation to the works i.e., i) Construction of CC road fromKothaindlu Bus Stop to Karunakaran house at Chandam of Chandam GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No.584/2023-24, Dt. 09.02.2024, ii) Construction of CC road from Vijayalakshmi house to Ragimanu in Chandam of Chandam GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No.591 /2023-24, Dt. 09.02.2024, iii) Construction of CC road from Karunakaran house to Vijayalakshmi house in Chandam of Chandam GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No.592/2023-24,Dt.09.02.2024, iv) Construction of CC road from Arumugam house to Vijayan house at Dommaragraharam H/o Mankaladoddi GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No. 589/2023-24, Dt.09.02.2024, v) Construction of CC road from Ramappa house to Markondan house in Noolukunta of Noolukunta GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No.593/2023- 24,Dt.09.02.2024 and vi) Construction of CC road from Padma Land to Madhanapuram in Noolukunta of Noolukunta GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No. 594/2023-24, Dt.09.02.2024 despite several requests is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 86 300-A of The Constitution of India and consequently direct the respondents to consider for payment of balance amounts in 2nd and Final bills of i) Rs. 55,455/-, ii) Rs. 61,550/-,iii)Rs.54,200/-, iv) Rs. 54,707/-, v) Rs. 54,308/- and Rs.59,009 totally Rs.3,39,229/- with an interest 24percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works., 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 to DIRECT the respondents to consider for payment of balance amounts in 2nd and Final bills of i) Rs. 55,455/-, ii) Rs. 61,550/-, iii)Rs.54,200/-, iv) Rs. 54,707/-, v) Rs. 54,308/- and Rs.59,009 totally Rs.3,39,229/-, with regard to the completion of works i.e., i) Constmction of CC road from Kothaindlu BusStop to Karunakaran house at Chandam of Chandam GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No.584/2023-24 , Dt.09.02.2024, ii) Construction of CC road from Vijayalakshmi house toRagimanu in Chandam of Chandam GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No. 591/2023-24, Dt. 09.02.2024, iii) 3 Construction of CC road from Karunakaran house to Vijayalakshmi house in Chandam of Chandam GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No. 592/2023-24, Dt.09.02.2024, iv) Construction of CC road from Arumugam house to Vijayan house at Dommaragraharam H/o Mankaladoddi GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No. 589/2023-24, Dt.09.02.2024, v) Construction of CC road from Ramappa house to Markondan house in Noolukunta of Noolukunta GP in Kuppam Mandal with an Est Cost of Rs.5.00 lakhs under Agreement No.593/2023-24, Dt.09.02.2024 and vi) Construction of CC road from Padma Land to Madhanapuram in Noolukunta of Noolukunta GP in KuppamMandal with an Est Cost of Rs.5.00 lakhs under Agreement No. 594/2023-24, Dt.09.02.2024 with an interest 24 percentage per annum for the delayed amount to the petitioner, 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 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 withholding the balance amount of Rs.3,39,229/- in relation to the works executed by the petitioner i.e., i) Construction of CC road from Kothaindlu bus stop to Karunakaram house in Chandam GP, ii) Construction of CC road from Vijayalakshmi house to Ragimanu in Chandam GP, iii) 4 Construction of CC road from Karunakaran house to Vijayalakshmi house in Chandam GP, iv) Construction of CC road from Arumugam house to Vijayan house at Dommaragrahm H/o Mankaladoddi GP, v) Construction of CC raod from Ramappa house to Markondan house in Noolukunta GP and vi) Construction of CC road from Padma land to Madhanapuram in Noolukunta GP, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Chittoor - 3rd respondent dated 15.12.2025. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.28,99,238/-. After QC recovery of Rs.3,78,543/-, the balance amount payable to the petitioner comes to Rs.25,20,695/-. Out of the same, an amount of Rs.23,44,160/- was already paid to the petitioner, and the balance amount payable to the petitioner is Rs.1,76,535/-. 5. In reply, Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.1,76,535/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of Rs.1,76,535/- payable to the petitioner. Since the amount payable is admitted 5 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 balance amount of Rs.1,76,535/- (Rupees One Lakh Seventy Six Thousand Five 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: 11.02.2026 SNI 1 2025 SCC online SC 1400 6 223 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29944 of 2025 Date: 11.02.2026 SNI