APHC010575932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30005/2025 Between: 1. JELDI JAYARAJU, S/O SRIRAMULU, AGED 48 YEARS, R/O D.NO.8- 268, DODLERU VILLAGE, KROSURU MANDAL, GUNTUR DISTRICT, NOW PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYATRAJ RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, NAKKAL ROAD, SURYARAOPET, VIJAYAWADA, KRISHNA DISTRICT 4. THE DISTRICT COLLECTOR, NARASARAOPET, PALNADU DISTRICT. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, GUNTUR DISTRICT (NOW PALNADU DISTRICT) GUNTUR. Page 2 of 6 SRS,J W.P.No.30005 of 2025 6. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, PEDAKURAPADU AMARAVATHI PALNADU DISTRICT. 7. THE DODLERU GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, DODLEURU VILLAGE, KROSURU MANDAL PALNADU DISTRICT. 8. THE DISTRICT PROGRAMME COORDINATOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME GUNTUR DISTRICT AT GUNTUR. 9. THE PROGRAMME OFFICER, AVULAVARIPALEM GRAM PANCHAYAT UNDER MAHATHMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, KROSURU MANDAL, GUNTUR DISTRICT, NOW PALNADU DISTRICT. 10. THE SPECIAL OFFICER CUM EXTENSION OFFICER, DODLERU GRAM PANCHAYAT, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, KROSURU MANDAL, GUNTUR DISTRICT, NOW PALNADU DISTRICT. 11. THE DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVT, OF INDIA, KRISHI BHAVAN, NEW DELHI ...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 topleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs.3,91,402/- (Rupees Three Lakhs Ninety One Thousand Four Hundred and Two Only) to the petitioner herein in relation to Work (Measurement Book M.B. No. 077040801001080021 executed for the 5TH Respondent by the petitioner herein, despite lapse of more than Six Years, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of Rs.3,91,402/- (Rupees Three p. 3 SRS,J W.P.No.30005 of 2025 Lakhs Ninety One Thousand Four Hundred and Two Only) to the petitioner herein in relation to Works executed for 5TH Respondent by the petitioner herein and to 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 pleased to direct the respondents herein to release the due amount of Rs.3,91,402/- (Rupees Three Lakhs Ninety One Thousand Four Hundred and Two Only) to the petitioner herein in relation to Work executed for 5*^ Respondent by the petitioner herein within a stipulated time frame and pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri A. Venkata Durga Rao, learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 3, 5 and 6, Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.4 and Sri M. Sudhir, learned standing counsel for respondent No.7. Page 4 of 6 SRS,J W.P.No.30005 of 2025 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.3,91,402/-, payable to the petitioner in relation to the work i.e. „Providing Internal CC roads in S.C.Colony, Dodleru Village of Krosuru Mandal‟, executed by him as per M.Book, 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 Executive Engineer, PRI Division, Narasaraopet. 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 is Rs.3,91,402/-. 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.3,91,402/-. 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 p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.30005 of 2025 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 Executive Engineer, PRI Division, Narasaraopet, the Writ Petition is disposed of directing the respondents to release an amount of Rs.3,91,402/- (Rupees Three Lakhs Ninety One Thousand Four Hundred and Two 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: 27.01.2026 IKN p. 6 SRS,J W.P.No.30005 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30005 of 2025 Date: 27.01.2026 IKN