APHC010589342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30751/2024 Between: 1. K ANJAN PRASADA REDDY, S/O K.RAMIREDDY, AGED 40 YEARS, OCC BUSINESS, R/O UPPUMAGULURU VILLAGE, BALLIKURAVA MANDAL BAPATLA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DY EXECUTIVE ENGINEER, PRI-SUB-DIVISION, ADDANKI, BAPATLA DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 4. THE ASSISTANT EXECUTIVE ENGINEERPR, BALLIKURAVA MANDAL, BAPATLA DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MPP, BALLIKURAVA MANDAL, BAPATLA DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 6. THE PAY AND ACCOUNTS OFFICER, BAPATLA, BAPATLA 2 DISTRICT (ERSTWHILE PRAKASAM 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 order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the amount of Rs. 16,90,030/- (Sixteen Lakhs Ninety Thousand Thirty Rupees) to the petitioner even after the timely execution of the Construction of Compound Wall in ST Colony of Burial Grounds in Uppumaguluru GP of Ballikurava Mandal sanctioned vide Proceedings RC No.A/45/2021 Dated 14.03.2024 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also opposed to the settled principles of law, and consequently direct the respondents to forthwith pay the total net amount of Rs.16,90,030/- (Sixteen Lakhs Ninety Thousand Thirty Rupees) for the execution of Construction of Compound Wall in ST Colony of Burial Grounds in Uppumaguluru GP of Ballikurava Mandal sanctioned vide Proceedings RC No.A/45/2021 Dated 14.03.2024 to the petitioner along with 12 percent interest per annum and pass IA NO: 1 OF 2024 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 total net amount of Rs. 16,90,030/- (Sixteen Lakhs Ninety Thousand Thirty Rupees) for the execution of “Construction of Compound Wall in ST Colony of Burial Grounds in Uppumaguluru GP of Ballikurava Mandal” vide Proceedings RC No.A/45/2021 Dated:14.03.2024 to the petitioner and pass Counsel for the Petitioner: 1. SREE DEEPTHI G Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following order: 3 Heard Sri B.V.Pavan Kumar, learned counsel representing Ms. G.Sree Deepthi, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 4 and 6 and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 5th respondent. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.16,90,030/-, payable to the petitioner in relation to the work i.e., Construction of Compound Wall in ST Colony of Burial Grounds in Uppumaguluru Gram Panchayat of Ballikurava Mandal, sanctioned vide proceedings RC.No.A/45/2021 dated 14.03.2021, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the Mandal Parishad Development Officer, Ballikurava Mandal, passed a resolution vide Resolution Nos.838, 839, 840, 841, 842, 843, 844, 845, 846 and 847 dated 23.01.2024, for the construction of Compound Wall in ST Colony of Burial Grounds in Uppumaguluru Gram Panchayat of Ballikurava Mandal and the petitioner was nominated to execute the work. Three works were entered into on 14.12.2023, and the petitioner completed the works. However, the amount has not been released so far. 4. Learned Standing counsel for the 5th respondent, submitted written instructions of the 5th respondent, wherein it was stated as follows: 4 “It is humbly submitted that the petitioner has executed the work under “Mandal Praja Parishad General Funds” grant for construction of Compound Wall in ST Colony of Burial Grounds in Uppumaguluru Gram Panchayat of Ballikurava Mandal and I hereby submit that the amount of Rs.16,90,030/- which was mentioned by the petitioner and same will be paid to the petitioner. It is humbly submitted that the 4th respondent Assistant Executive Engineer (PR), Ballikurava Mandal, Bapatla District has submitted the M-Book recently on 05.02.2026 and the 5th respondent Mandal Parishad Development Officer will verify the work executed by the petitioner as according to M-Book and will pay to the work executed by the petitioner. It is humbly submitted that this 5th respondent Mandal Parishad Development Officer will verify and pay subject to outcome of the work executed by the petitioner in a stipulated period of four weeks with the kind consideration of this Hon’ble Court.” 5. Thus, as seen from the instructions of the 5th respondent, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.16,90,030/-, and the 5th respondent undertakes to pay the amount after due verification of the bills. 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 1 2025 SCC online SC 1400 5 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 instructions furnished by the 5th respondent, the Writ Petition is disposed of directing the 5th respondent to release an amount of Rs.16,90,030/- (Rupees Sixteen Lakhs Ninety Thousand and Thirty only) payable to the petitioner regarding execution of the aforementioned work after due verification, 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: 16.02.2026 SNI 6 197 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30751 OF 2024 Date: 16.02.2026 SNI