APHC010607932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31574/2025 Between: 1. K TIRUPAL, S/O. ROGENNA, AGED ABOUT 66 YEARS R/O. D.NO.4- 20-74, Y S R NAGAR, DHONE, DHONE(M) KURNOOL DISTRICT- 518222. ...PETITIONER AND 1. THE STATE OF AP, 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, KURNOOL, KURNOOL DISTRICT. 4. THE SUPERINTENDING ENGINEER, RWS AND S DIVISION, KURNOOL DISTRICT. 5. THE EXECUTIVE ENGINEER RWS AND S, (P) DIVISION, KURNOOL, KURNOOL DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER RWS AND S, (M) SUB DIVISION, DHONE, KURNOOL 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 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 amount Rs.4,17,947/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Construction of cc Open drain from madiga yellapa hous eto church in venkatapuram village and GP in under CMDF of Agreement.No.03/2023-24, dated 04.04.2023 vide M.Book No.7086-A Dhone mandal for Yerraguntia Gramapanchayat Under CMDF 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.4,17,947/- 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.4,17,947/- with interest for the work executed by the petitioner for the various work in Dhone (M), Kurnool Dist, through the Agreements forthwith, pendingdisposal 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, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat 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 withholding an amount of Rs.4,17,947/- payable to the petitioner for the works executed i.e. „Construction of CC open drain from Madiga Yellapa house to Church in Venkatapuram Village and GP in Dhone Mandal, in pursuance of agreements dated 04.04.2023, 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 respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.4,68,180/-. The bill was uploaded in NIDHI portal vide token No.2025-2361562 and is awaited for fund clearance. 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 works and the petitioner‟s entitlement for Rs.4,68,180/-. 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 1 2025 SCC online SC 1400 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, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.4,68,180/- (Rupees Four Lakhs Sixty Eight Thousand One Hundred and Eighty 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: 02.02.2026 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31574 of 2025 Date: 02.02.2026 IKN