APHC010581482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30373/2025 Between: 1. M/S. RAGHAVA CONSTRUCTIONS (INDIA) PVT. LTD.,, REP. BY ITS DIRECTOR P.PRASAD REDDY, S/O. LATE RAGHAVA REDDY, AGED ABOUT 56 YEARS, OCC CONTRACTOR, R/O.H.NO.8-2- 603/1/27/8 AND 28, KRISHNAPURAM STREET, ROAD NO. 10, BANJARA HILLS, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. PROJECT DIRECTOR, ANDHRA PRADESH RURAL ROAD PROJECT AND ENGINEER-IN-CHIEF, PANCHAYAT RAJ, BANDAR ROAD, ZP COMPOUND, VIJAYAWADA, KRISHNA DISTRICT. 3. EXECUTIVE ENGINEER, PROJECT IMPLEMENTATION UNIT, CHITTOOR, CHITTOOR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. ...RESPONDENT(S): p. 2 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 in withholding the payment of Plain LS 4th and Part Bill amount of Gross Rs.7,51,65,721/- in Net amount of Rs.5,92,58,224 /- (Nidhi Portal 2025-9080891) even after finalizing the bills payable to the petitioner in relation to the work i.e. Package No 55/APRRP/PRED/CTR/Roads/011, consists of 78 road works in Kurabalakota, Peddamandyam, B.Kothakota, Molakalacheruvu, P.T.M and Thamballapalle Mandals in Chittoor District, Vide Agreement No/2021- 22, Dt.29.09.2021, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Gross Rs.7,51,65,721/- in Net amount of Rs.5,92,58,224/- (Nidhi Portal 2025- 9080891) with interest @ 24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 Gross Rs.7,51,65,721/- in Net amount of Rs.5,92,58,224/- (Nidhi Portal: 2025-9080891) with interest @ 24% per annum for the delayed aimount to the petitioner in respect of execution of work i.e., “Package No:55/APRRP/PRED/CTR/Roads/011, consists of 78 road works in Kurabalakota, Peddamandyam, B.Kothakota, Molakalacheruvu, P.T.M & Thamballapalle Mandals in Chittoor District, Vide Agreement No:/2021-22, Dt.29.09.2021, IA NO: 1 OF 2026 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 dispense with the personal appearance of Respondent 4 in WP No.30373 of 2025 on 06.02.2026, as directed by this Hon'ble Court vide order dated 04.02.2026and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 3 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in withholding the payment of Plain LS 4th and part bill amount of Gross Rs.7,51,65,721/- and Net amount of Rs.5,92,58,224/- for the work executed by the petitioner i.e., consisting of 78 road works in Kurabalakota, Peddamandyam B. Kothakota, Molakalacheruvu, PTM & Thamballapalle Mandal, Chittoor District, as illegal and arbitrary. 2. Heard Sri P. Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalva, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 3. Sri P. Anand Surya, learned counsel for the petitioner, would contend that the petitioner executed the aforementioned work. However, the respondents failed to release the amount. Learned counsel would also submit that the respondents uploaded the bills in the Nidhi portal vide Token No.2025-9080891. 4. In the counter affidavit at para No.6, it was stated as follows: “Without adverting to each of the averments in the writ affidavit, it is submit that the Administrative Department i.e., PR&RD Department has uploaded the 4th& part bill for an amount of Rs.7,51,65,721/- and net amount of Rs.5,92,58,224/- vide CFMS Bill No.2025-909653 and the same is “Waiting for fund clearance”. 5. Thus, as seen from the material available on record, there is no dispute regarding the execution of work and the petitioner’s entitlement. Since the amount payable is admitted and undisputed, the writ petition is maintainable. Page 4 of 5 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.”. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondents to release the amount payable to the petitioner, mentioned supra, in relation to execution of the aforementioned work, within eight (08) 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: 06.02.2026 TVN p. 5 1 2025 SCC online SC 1400 183 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30373 of 2025 Date: 06.02.2026 TVN