APHC010603692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31481/2025 Between: 1. PLR PROJECTS PRIATE LIMITED, REPRESENTED BY ITS AUTHORIZED SIGNATORY, C. CHANDRA SEKHAR REDDY, S/O LATE VENKATA SUBBA REDDY, AGED ABOUT 57 YEARS, OCC CONTRACTOR, R/O SURVEY NO. 12 (PART). PLOT NO.2- 91/12/A/AM/G-L, 5TH FLOOR, ASTRA TOWERS, KOTHAGUDA POST, KONDAPUR, HI TECH CITY, HYDERABAD ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PROJECT DIRECTOR, ANDHRA PRADESH RURAL ROAD PROJECT AND PANCHAYAT RAJ, BANDAR ROAD, ZP COMPOUND, VIJAYAWADA, KRISHNA DISTRICT 3. THE ENGINEERINCHIEF, PR, VIJAYAWADA, KRISHNA DISTRICT 4. THE SUPERINTENDING ENGINEER, PR CIRCLE, CHITTOOR DISTRICT 5. THE EXECUTIVE ENGINEER, PROJECT IMPLEMENTATION UNIT (P.I.U), CHITTOOR, CHITTOOR DISTRICT 6. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, p. 2 SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of LS 2nd and Part Bill, Net Amount of Rs. 44,88,401/- (Gross Amount of Rs. 49,92,436/-) under Nidhi Portal No 2025-9082105, even after finalizing the bills payable to the petitioner in relation to the Package No. 74/APRRP/PRED-CTR-Road-014 - consists of 70 Road works in B.Kothakota and Kurabalakota Mandals of Chittoor District as per the Agreement No./2023-24, Dt.27.07.2023 is questioned, as the same is illegal, arbitrary and violative of Articles 14, 16, 19 and 300-A of Constitution of India and consequently direct the respondents to consider for payment of LS 2nd and Part Bill, Net Amount of Rs.44,88,401/- (Gross Amount of Rs. 49,92,436/-) under Nidhi Portal No 2025-9082105 with an interest @24percentage 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 to DIRECT the respondents to consider for payment of LS 2nd Part Bill, Net Amount of Rs. 44,88,401/- (Gross Amount of Rs.49,92,436/-) under Nidhi Portal No 2025-9082105 with an interest of 24percentage per annum for the delayed amount to the petitioner in respect works of execution of under Package No.74/APRRP/PRED/CTR/Road/014 - consists of 70 Road works in B.Kothakota and Kurabalakota Mandals of Chittoor District as per the Agreement No./2023-24, Dt.27.07.2023 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 p. 3 The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.44,88,401/- relating to the work executed by the petitioner i.e. Package No.74/APRRP/PRED/CTR/Road/014, which consists of 70 Road works in B. Kothakota & Kurabalakota Mandals of Chittoor District, in pursuance of Agreement No.Nil/2023-24, dated 27.07.2023, is illegal and arbitrary. 2. Heard Sri P. Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalva, 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. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, P.I.U Division, Chittoor – respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the work, and the net amount payable to the petitioner after statutory deductions is Rs.44,88,401/-. 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.44,88,401/-. 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: p. 4 1 2025 SCC online SC 1400 “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.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.44,88,401/- payable to the petitioner regarding execution of the aforementioned work, within five (05) 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: 06.02.2026 TVN p. 5 176 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31481 of 2025 Date: 06.02.2026 TVN