APHC010603662023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31073/2023 Between: 1. MUKKAMALLA RAMAMOHAN REDDY, S/O. M. PEDDA RAMASUBBAREDDY, AGED ABOUT 56 YEARS, R/O. H.NO. 16-206, MARUTHI NAGAR, NEAR KESHAVA REDDY SCHOOL, KUMOOL, KUMOOL DISTRICT- 518 001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) KUMOOL DISTRICT AT KURNOOL. 4. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, KUMOOL DISTRICT. 5. THE PAY AND ACCOUNT OFFICER, WORKS AND PROJECTS, KUMOOL. 6. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. Page 2 of 6 ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not releasing the total final bills amount worth of Rs. 18,57,491/- in respect of SDP(SPECIAL DEVELOPMENT PACAKAGE) (Special Development Pacakage) works 1) for 'Providing Pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from K.G. Road to Buran Babu (H) and other lanes at Brahmanakotkur (V) Nandikotkur (M)', in Respect of Work.ID.No. 137060813012080025 of M. Book No.3265 A/2016-17 for an amount of Rs. 7,16,305/- 2) for 'Providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Gadivemula Bashirulla (H) to P.Shuban (H) and other lanes at Brahmanakotkur (V) Nandikotkur (M)', in Respect of Work.ID.No. 137060813012080027 of M. Book No.3270 A/2016-17 for an amount of Rs.9,58,186/-, 3) for 'Providing Pucca Internal Roads/Streets Including Drainage System and Culverts with in a village under convergence funds at location from KG road to LAY colony and other lanes at Brahmanakotkur (V) Nandikotkur (M)', in Respect of Work.ID.No. 137060813012080026 of M. Book No.3397 C/2016-17 for an amount of Rs. 83,000/-, 4) for 'Providing Pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from KG Road to Kuruva Pedda Swamanna house and other lanes at Brahmanakotkur (V) nandikotkur (M) Work.ID.No. 137060813012080028 of M. Book No.3403 C/2016-17 for an amount of Rs. 1,00,000/-, of completion of SDP(SPECIAL DEVELOPMENT PACAKAGE) Grant for the petitioner and pay along with interest forthwith under the grant of SDP(SPECIAL DEVELOPMENT PACAKAGE) Grant and to pass IA NO: 1 OF 2023 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 release the total final bills amounts worth of Rs. Rs. 18,57,491/- in respect of SDP (SPECIAL DEVELOPMENT PACAKAGE) works pending disposal of the above writ petition pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: p. 3 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER:: Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.18,57,491/- in connection with work ID Nos.1370608813012080025 of M.Book No.3265 A/2016-17, 137060813012080027 of M.Book No.3270 A/2016-17, 137060813012080026 of M.Book No.3397 C/2016-17 and 137060813012080028 of M.Book No.3403 C/2016-17 for the works i.e., 1) Pucca Internal Roads/Streets including drainage system and culvert from KG Road to Buran Babu House and other lines at Bramhanakotkur Village of Nandikotkur Mandal, 2) Providing Pucca Internal Road/Streets including drainage system from KG Road to IAY Colony and other lines at Bramhanakotkur Village, Nandikotkur Mandal, 3) PUcca Internal Roads/Streets including drainage system location from KG Road to Kuruva Pedda Swamanna House and other lines at Bramhanakotkur Village, Nandikoktur Mandal, and 4) Providing Pucca Internal Road/Streets including drainage system from Gadivemula Bashirulla House to P.Subhan House and other lines at Bramhanakotkur Village, Nandikotkur Mandal, as illegal and arbitrary. 3. 3. Today, when the matter is taken up for consideration, Sri Annamneedi Balakrishna, learned counsel for the petitioner, would submit that in respect of work ID Nos.1370608813012080025 of M.Book No.3265 A/2016-17 and p. 4 137060813012080028 of M.Book No.3403 C/2016-1, the amounts have already been paid to the petitioner. In respect of work ID Nos. 137060813012080027 of M.Book No.3270 A/2016-17 and 137060813012080026 of M.Book No.3397 C/2016-17 an amount of Rs.1,31,331/- is to be released to the petitioner. 4. The learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PRI Division, Kurnool – 4th respondent, dated 17.03.2026. 5. A perusal of the said instructions would disclose that the petitioner has executed the work in connection with the aforementioned ID numbers, and the balance amount payable to the petitioner is Rs.1,13,331/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the same. 6. The petitioner has paid a Court Fee of only Rs.100/-, and the petitioner shall pay the deficit Court Fee of Rs.300/- within one week from the receipt of the order copy and file a memo to that effect, failing which the Registry will take necessary steps for payment of the deficit Court Fee. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.1,13,331/-. 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. 5 1 2025 SCC online SC 1400 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.=. 8. 8. Given the instructions furnished by the 4th respondent, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.1,13,331/- (Rupees One Lakh Thirteen Thousand Three Hundred and Thirty One only) payable to the petitioner regarding execution of the aforementioned work IDs, within two (02) 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: 18.03.2026 SNI p. 6 267 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31073 of 2023 Date: 18.03.2026 SNI