APHC010590862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30861/2025 Between: 1. GARAGA SUBRAHMANYAM, S/O. GARAGA NAGARJUNA, AGED 40 YEARS, OCC . CONTRACTOR, R/O. H. NO 7-78, NARAYANAPETA, NEAR RAMALAYAM, PALACODERU, GANGAPARRU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST., 3. THE COMMISSIONER PANCHAYATRAJ AND RURAL DEPARTMENT, GOVERNMENTOF ANDHRA PRADESH, TADEPALLI, GUNTUR. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT BHIMAVARAM. 5. THE ENGINEER IN CHIEF PANCHAYATRAJ DEPARTMENT, PUNAMMATHOTA, LABBIPET, VIJAYAWADA. 6. THE SUPERINTENDENTING ENGINEER, PANCHAYAT RAJ, BHIMAVARAM CIRCLE, WEST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, PR, PIU DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. Page 2 of 5 SRS,J W.P.No.28286 of 2025 8. GARAGAPARRU GRAM PANCHYAT, REP. BY ITS SECRETARY, KORUKOLLU GRAM PANCHAYAT, PALACODERU MANDAL, WEST GODAVARI 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 toPleased to issue an appropriate Writ Order or Direction, more particularly one in the nature of Writ of Mandamus challenging the action of the respondents for not paying the Final Net Bill to a tune of Amount of Rs.4,05,974/- pertaining to supply of work material for the Work i.e., Construction of Self Help Groups Federation Building at Garagaparru vide Work I.D No.Village of Palakoderu Mandal 057063702002090038 as illegal, and violation of Article - 14 and 21 of the Constitution of India and consequently direct respondents to pay Final Net Bill to a tune of Amount of Rs.4,05,974/- with 24 percentage interest from the date of completion of contract to till the date of payment and to 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 release Final Net Bill to a tune of Amount of Rs.4,05,974/ pending disposal of main writ petition and to pass Counsel for the Petitioner: 1. A.SREE RAM Counsel for the Respondent(S): 1. A.SREE RAM 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 A. Sree Ram, learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and p. 3 SRS,J W.P.No.28286 of 2025 Rural Development & Finance and Planning Department, for the respondents 1 to 3 and 5 to 7; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.4 and Sri Y. Koteswara Rao, learned standing counsel for respondent No.8. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.4,05,974/-, payable to the petitioner for supply of material for the work i.e. „Construction of Self Help Groups Federation Building at Garagaparru‟, executed vide work I.D.No.057063702002090038, 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.7. 4. A perusal of the said instructions would disclose that the petitioner has supplied material for the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.4,05,974/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the supply of material and the petitioner‟s entitlement for Rs.4,05,974/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. Page 4 of 5 SRS,J W.P.No.28286 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.”. 7. Given the instructions furnished by respondent No.7, the Writ Petition is disposed of directing the respondents to release an amount of Rs.4,05,974/- (Rupees Four Lakhs Five Thousand Nine Hundred and Seventy Four only) payable to the petitioner for supply of material for 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: 27.01.2026 IKN p. 5 1 2025 SCC online SC 1400 SRS,J W.P.No.28286 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30861 of 2025 Date: 27.01.2026 IKN