APHC010607902025 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: 31631/2025 Between: 1. B SREENIVASULU, S/O. ESWARAIAH, AGED ABOUT 48 YEARS, R/O. D.NO.2-70, UDUMULAPADU, UDUMULAPADU POST, DHONE(M) NANDYALA DISTRICT-518222. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT RURAL WATER SUPPLY AND SANITATION DEPARTMENT,A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. DISTRICT COLLECTOR, (RWS AND S) NANDYALA, NANDYALA DISTRICT. 4. THE SUPERINTENDING ENGINEER, RWS AND S DIVISION, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER, RWS AND S (P) DIVISION, NANDYALA, NANDYALA DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S,(M) SUB DIVISION, DHONE, NANDYALA DISTRICT ...RESPONDENT(S): p. 2 SRS,J 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amountRs.4,96,154/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Construction of cc drains From Maremma temple to Thimmaraju house in Yerraguntia Vilage of Dhone Mandal, Nandyala District under GGMP of Agreement.No. /2023-24, dated.21.09.2023 vide M.Book No.1916A for Dhone Mandal, Nandyala District Under GGMP Funds, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs.4,96,154/- with interest for the pending bills forthwith for the above said work executed by the petitioner 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 Pleased to direct respondents to consider for Pending Amount Bills of Rs.4,96,154/- with interestfor the work executed by the petitioner for the various work in Dhone (M), Nandyala Dist, through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR 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 Komma Vijaya Raj Kumar, learned counsel for the petitioner; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat p. 3 SRS,J Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the bill amount of Rs.4,96,154/- in relation to the work executed by the petitioner i.e. ‘Construction of CC Drains from Maremma Temple to Thimmaraju house in Yerraguntla Village of Dhone Mandal, Nandyala District under GGMP’ pursuant to agreement No. /2023-24, dated 21.09.2023, 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 Executive Engineer RWS & S, (P) Division, Nandyal - respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.4,38,302/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.4,38,302/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. p. 4 SRS,J 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.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.4,38,302/- (Rupees Four Lakhs Thirty Eight Thousand Three Hundred and Two 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: 27.01.2026 IKN p. 5 1 2025 SCC online SC 1400 SRS,J 257 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31631 of 2025 Date: 27.01.2026 IKN