APHC010582992025 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: 30349/2025 Between: 1. NUKALA RAMAIAH, S/O NULAKA VENKATA RAMUDU 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 AP, 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 DISTRICT COLLECTOR, THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT PUTTAPARTHY. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, PENUKONDA, DHARMAVARAM, ANANTHAPURAM DISTRICT. 5. 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 p. 2 SRS,J W.P.No.30349 of 2025 pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in withholding the payment of Rs.1,75,806/-and Rs.1,16,385/- aggregated to an total amount of Rs.2,92,191/- (Rupees Two Lakhs Ninety two thousand one hundred and ninety one only) even after finalizing the bills, payable to the petitioner in relation to the work i.e., providing internal CC Road from main road to Nelakotappa House, Nelakota village of Dharmavaram Mandal for Rs.1,75,806/-and providing internal CC road from Ramakrishna House to Kasavaiah House, Bilvampalli village of Dharmavaram Mandal for Rs.1,16,385/- aggregated to Rs.2,92,191/- (Rupees Two Lakhs Ninety two thousand one hundred and ninety one only) under the GGMP-HIW- 2022- 2023 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 Rs.2,92,191/- (Rupees Two Lakhs Ninety two thousand one hundred and ninety one 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 5 Respondents to release an amount Rs.2,92,191/- (Rupees Two Lakhs Ninety two thousand one hundred and ninety one 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 p. 3 SRS,J W.P.No.30349 of 2025 Raj and Rural Development & Finance and Planning Department, for respondents 1 to 5. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.2,92,191/-, payable to the petitioner in relation to execution of work i.e. i) Providing internal CC road from main road to Nelakotappa house Nelakota Village Dharmavaram Mandal and ii) Providing internal CC road from Ramakrishna house to Kesava house, Bilvampalli Village of Nelakota Village, Dharmavaram Mandal, 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 respondent No.4. 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.2,92,191/-. 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.2,92,191/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. Page 4 of 5 SRS,J W.P.No.30349 of 2025 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 instructions furnished by respondent No.4, the Writ Petition is disposed of directing the respondents to release an amount of Rs.2,92,191/- (Rupees Two Lakhs Ninety Two Thousand One Hundred and Ninety One 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 1 2025 SCC online SC 1400 SRS,J W.P.No.30349 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30349 of 2025 Date: 28.01.2026 IKN