APHC010581082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30930/2025 Between: 1. V ANAJANMURTHY, S/O. VADASALAPPA, AGED ABOUT 36 YEARS, R/O. AMIDALAGONDI VILLAGE, AMIDALAGONDI GRAM PANEHAYAT, MADAKASIRA MANDAL, SRI SATHYA SAI DISTRIET. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANEHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT AND R.W.S AND S DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, SATHYA SAI DISTRICT, ANDHRA PRADESH. 4. THE EXECUTIVE ENGINEER, PANEHAYAT RAJ DEPARTMENT, RWS AND S, PENUKONDA DIVISION, SATHYA SAI DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, RWS AND S SUB-DIVISION, MADAKASIRA MANDAL, SRI SATHYA SAI 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, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction and delay on the part of the Respondents in processing and releasing the bill amounts for the works undertaken under the Gadapa Gadapaku Mona Prabhutvam (GGMP) funds, namely (i) agreement dated 09-11-2023 for Construction of C.C. drains from S. Anjanappas house to Vanka at A.R. Roppam, Amidalagondi Gram Panchayat (ii) agreement dated 09-11-2023 for Construction of C.C. drains from Subbrayappas house to S. Anjanappas house, Amidalagondi Gram Panchayat and (iii) agreement dated 09-11-2023 for Construction of C.C. drains from B.C. Colony MPP School to Vanka at A.R. Roppam, Amidalagondi Gram Panchayat, totalling to an extent of Rs. 7,57,827.94, as arbitrary, illegal, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to release the corresponding bill amounts forthwith, in the interest of justice and equity. 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 pay the bills amount to the Petitioner covered by the works under the Gadapa Gadapaku Mana Prabhutvam (GGMP) funds, namely (i) agreement dated 09-11-2023 for Construction of C.C. drains from S. Anjanappa’s house to Vanka at A.R. Roppam, Amidalagondi Gram Panchayat (ii) agreement dated 09-11-2023 for Construction of C.C. drains from Subbrayappa’s house to S. Anjanappa’s house, Amidalagondi Gram Panchayat and (iii) agreement dated 09-11-2023 for Construction of C.C. drains from B.C. Colony MPP School to Vanka at A.R. Roppam, Amidalagondi Gram Panchayat, totalling to an extent of Rs.7,57,827.94, forthwith pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. P MADHUKAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING p. 3 The Court made the following: ORDER Heard Sri P.Madhukar Reddy, learned counsel for the petitioner and Sri 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 inaction and delay on the part of the Respondents in processing and releasing the bill amounts for the works undertaken under the Gadapa Gadapaku Mona Prabhutvam (GGMP) funds, namely (i) agreement dated 09-11-2023 for Construction of C.C. drains from S.Anjanappas house to Vanka at A.R. Roppam, Amidalagondi Gram Panchayat (ii) agreement dated 09-11-2023 for Construction of C.C. drains from Subbrayappas house to S. Anjanappas house, Amidalagondi Gram Panchayat and (iii) agreement dated 09-11-2023 for Construction of C.C. drains from B.C. Colony MPP School to Vanka at A.R. Roppam, Amidalagondi Gram Panchayat, totalling to an extent of Rs.7,57,827.94, 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 the 4th respondent. 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.6,65,598/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner also 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.6,65,598/-. Since the p. 4 amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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 instructions furnished by the 4th respondent, the Writ Petition is Disposed of directing the respondents to release an amount of Rs.6,65,598/- (Rupees Six Lakhs Sixty Five Thousand Five Hundred and Ninety Eight 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 PVD 1 2025 SCC online SC 1400