APHC010591742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30922/2025 Between: 1. MARUTHI CONSTRUCTIONS, REP BY ITS MANAGING PARTNER,B.TRIVIKRAM, S/O.BRK MURTHY, AGED ABOUT 50 YEARS, OCC- CONTRACTOR, R/O. D.NO.54-14/1-9/5, BHARATHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT AND RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. CHAIRMAN DMFT/COLLECTOR AND DISTRICT MAGISTRATE, KRISHNA DISTRICT. 3. SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 4. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAIY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. p. 2 SRS,J ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of and part bill an amount of Gross Rs.77,48,193/- and net amount is Rs.72,19,662/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing CC drains of ZP road from Vijayawada - Machilipatnam road to Mantada Srikakulam road of Mantada village of Pamidimukkala (M), Krishna District, vide Agreement No./2023-24, Dt.28.02.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of 1st and part bill an amount of Gross Rs.77,48,193/- and net amount is Rs.72,19,662/- with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and 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 Please to direct the respondents to consider for payment of l^t and part bill an amount of Gross Rs.77,48,193/- and net amount is Rs.72,19,662/- with interest @12percentage per annum for the delayed amount to the petitioner in respect of execution of work i.e., Providing CC drains of ZP road from Vijayawada - Machilipatnam road to Mantada Srikakulam road of Mantada village of Pamidimukkala (M), Krishna District Agreement No./2023-24, Dt.28.02.2024 forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: p. 3 SRS,J ::ORDER :: The above writ petition was filed declaring the action of the respondents in not releasing the 1st and part bill amount of Rs.77,48,193/- (gross) and net amount of Rs.72,19,662/-, payable to the petitioner in relation to work i.e., providing CC drains of ZP road from Vijayawada – Machilipatnam road to Mantada Srikakulam road of Mantada Village of Pamidimukkala (M), Krishna District vide agreement No…./2023-24, dated 28.02.2024 as illegal and arbitrary. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appearing for the respondents. 3. Learned counsel for the petitioner would submit that an agreement (Ex.P1) was entered into between the petitioner and the 3rd respondent and that the petitioner executed the works mentioned supra. The petitioner, after completion of certain work as per agreement, submitted the bills referred to supra. However, the respondent authorities failed to release the amount. The writ petition was initially listed on 10.11.2025 and thereafter adjourned at the request of the learned Assistant Government Pleader to obtain instructions. 4. Learned Assistant Government Pleader submitted the instructions of Executive Engineer, RWS & S Division, Machilipatnam - the 4th respondent p. 4 SRS,J dated 29.11.2025. Since the written instructions are placed before this Court and are signed by the Officer, no counter is required. 5. As seen from the written instructions of the 4th respondent dated 29.11.2025, the gross amount payable to the petitioner is Rs.77,48,193/- and the net amount, after deductions, payable to the petitioner is Rs.72,19,662/-. As per the remarks, it is mentioned the 1st and part bill raised with token number 2025-764915 and the payment will be made within nine (09) months. 6. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement to net amount of Rs.72,19,662/-. 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 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 7. Given the facts and circumstances, the writ petition is disposed of directing the respondents to release the amount of Rs.72,19,662/-, payable to p. 5 1 2025 SCC online SC 1400 SRS,J the petitioner in relation to the aforementioned works, within a period of six (06) 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: 12.03.2026 JLV p. 6 SRS,J 289 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30922 of 2025 Date: 12.03.2026 JLV