APHC010585772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30330/2025 Between: 1. NULAKA RAMAIAH, S/O NULAKA VENKATA RARNUDU , AGED 48 YEARS, OCC- CONTRACTOR, DR.NO.8-67-B, POTHUGUNTA, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) ANDHRA PRADESH-515671 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, PENUKONDA, DHARMAVARAM, ANANTHAPURAM DISTRICT. 4. THE DY EXECUTIVE ENGINEER, PRI DIVISION, PENUKONDA DHARMAVARAM, ANANTHAPURAM 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 p. 2 SRS,J W.P.No.30330 of 2025 writ of Mandamus, declaring the action of the respondent authorities in withholding the balance payment of Rs.8,96,023/-and Rs.6,48,619 aggregated to Rs. 15,44,642/- (Rupees Fifteen Lakhs forty four thousand six hundred and forty two only) even after finalizing the bills, payable to the petitioner in relation to the work i.e., for the construction of community hall and compound at Budhareddypalli Village of Dharmavaram Mandal for Rs.8,96,023/-and Construction of Community Hall near Peddamma Temple, Venkatathimmapuram village of Dharmavaram Mandal for Rs.6,48,619/- agQregated to Rs. 15,44,642/- (Rupees Fifteen Lakhs Forty four thousand six hundred and forty two only) under the CMDF Funds as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondent to release of admitted amount Rs. 15,44,642/- (Rupees Fifteen Lakhs forty four thousand six hundred and forty two only) to the petitioner 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 1 to 4 Respondents to release an amount Rs. 15,44,642/- (Rupees Fifteen Lakhs forty four thousand six hundred and forty two only) forthwith to the petitioner, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD 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 Dasari S.V.V.S.V. Prasad., learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. Page 3 of 5 SRS,J W.P.No.30330 of 2025 2. The above writ petition was filed to declare the action of the respondents in withholding amounts of Rs.8,96,023/- and Rs.6,48,619/- (totaling to Rs.15,44,642/-) for the works executed by the petitioner i.e. i) 8construction of community hall and compound at Budhareddypalli Village of Dharmavaram Mandal and ii) construction of community hall near Peddamma Temple, Venkatathimmapuram Village, Dharmavaram Mandal, in pursuance of agreements dated 18.10.2022, 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, Penukonda – respondent No.3. 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.15,44,644/-. 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 works and the petitioner9s entitlement for Rs.15,44,644/-. 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 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 p. 4 1 2025 SCC online SC 1400 SRS,J W.P.No.30330 of 2025 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.=. 6. Given the instructions furnished by respondent No.3, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.15,44,644/- (Rupees Fifteen Lakhs Forty Four Thousand Six Hundred and Forty Four 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: 28.01.2026 IKN p. 5 SRS,J W.P.No.30330 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30330 of 2025 Date: 28.01.2026 IKN