APHC010611742025 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: 31911/2025 Between: 1. SHAIK ABDUL RASHEED, S/O LATE KHADAR SA, AGE- 74 YEARS, R/O D. NO. 4-94, AYYALUR VILLAGE, NANDYAL MANDAL, KURNOOL, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ AND RURAL DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, NANDYAL, KURNOOL DISTRICT 3. THE ASSISTANT ENGINEER, M.P., NANDYAL, KURNOOL DISTRICT. 4. THE AYYALURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, A3YALURU VILLAGE, NANDYAL MANDAL, KURNOOL DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. ...RESPONDENT(S): p. 2 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 not issuing the Bill Pass Orders and not paying the bills of i) Rs. 1,95,189/-, ii) Rs. 79,008/-, iii) Rs. 1,99,851/-, iv) Rs. 1,99,446/-, v) Rs. 72,000/- and vi) Rs. 83,000/- totally an amount of Rs. 8,28,494/- even after by entering in the M-Book, and even after completion of the works to the prescribed standards and within the stipulated time in relation to the works i.e. i) Providing Pucca Internal CC Roads with side Drains with GP Funds from Maseed to Nandi Reddy Site (H) and other Roads in the village at Ayyalur as per the SDR No. 25/2022-2023, Dt. 4.06.2022, ii) Providing Pucca Internal CC Roads from Madar (H) to Saheb Peera (H) and other Roads in the village at Ayyalur as per the SDR No. 27/2022-2023, Dt. 4.06.2022, iii) Providing Pucca Internal CC Roads from Mabasha (H) to Madar (H) and other Roads in the village at Ayyalur as per the SDR No. 28/2022-2023, Dt. 4.06.2022, iv) Providing Pucca Internal CC Roads with side Drains with GP Funds from Nandi Reddy Ownsite to Gajula Lakshamma and other Roads in the village at A3alur as per the SDR No. 30/2022-2023, Dt. 6.06.2022, v) Providing Pucca Internal CC Roads with side Drains with GP Funds from Mabasha (H) to Saheb Peera (H) in the village at Ayyalur as per the SDR No. 40/2022-2023, Dt. 2.07.2022 and vi) Providing Pucca Internal CC side Drains with GP Funds from Maseed to Battula Subbara3nidu (H) and other Roads in the village at Ayyalur as per the SDR No. 41/2022-2023, Dt. 2.07.2022 is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to issue the Bill pass Orders and consider for payment of bills of i) Rs. 1,95,189/-, ii) Rs. 79,008/-, iii) Rs. 1,99,851/-, iv) Rs. 1,99,446/-, v) Rs. 72,000/- and vi) Rs. 83,000/- totally an amount of Rs. 8,28,494/- with an interest @24percent 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 pleased to DIRECT the Respondents to issue the Bill pass Orders and consider for pa3nnent of bills of i) Rs. 1,95,189/-, ii) Rs. 79,008/-, iii) Rs. 1,99,851/-, iv) Rs. 1,99,446/-, v) Rs. 72,000/- and vi) Rs. 83,000/- totally an p. 3 amount of Rs. 8,28,494/- with an interest @24% per annum for the delayed amount to the petitioner in relation to the works i.e., “ i) Providing Pucca Internal CC Roads with side Drains with GP Funds from Maseed to Nandi Reddy Site (H) and other Roads in the village at Ayyalur as per the SDR No. 25/2022-2023, Dt. 4.06.2022, ii) Providing Pucca Internal CC Roads from Madar (H) to Saheb Peera (H) and other Roads in the village at Ayyalur as per the SDR No. 27/2022-2023, Dt. 4.06.2022, iii) Providing Pucca Internal CC Roads from Mabasha (H) to Madar (H) and other Roads in the village at Ayyalur as per the SDR No. 28/2022-2023, Dt. 4.06.2022, iv) Providing Pucca Internal CC Roads with side Drains with GP Funds from Nandi Reddy Ownsite to Gajula Lakshamma and other Roads in the village at Ayyalur as per the SDR No. 30/2022-2023, Dt. 6.06.2022, v) Providing Pucca Internal CC Roads with side Drains with GP Funds from Mabasha (H) to Saheb Peera (H) in the village at Ayyalur as per the SDR No. 40/2022-2023, Dt. 2.07.2022 and vi) Providing Pucca Internal CC side Drains with GP Funds from Maseed to Battula Subbarayudu (H) and other Roads in the village at A5yalur as per the SDR No. 41/2022-2023, Dt. 2.07.2022”, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER :: Heard Sri Manoj Kumar Bethapudi, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for p. 4 respondents 1 to 3 and 5 and Sri M. Sudhir, learned standing counsel for respondent No.4. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.8,28,494/- payable to the petitioner for the works executed i.e. „i) Providing Pucca Internal CC Roads with side Drains with GP Funds from Maseed to Nandi Reddy Site (H) and other Roads in the village at Ayyalur, ii) Providing Pucca Internal CC Roads from Madar (H) to Saheb Peera (H) and other Roads in the village at Ayyalur, iii) Providing Pucca Internal CC Roads from Mabasha (H) to Madar (H) and other Roads in the village at Ayyalur, iv) Providing Pucca Internal CC Roads with side Drains with GP Funds from Nandi Reddy Ownsite to Gajula Lakshamma and other Roads in the village at Ayyalur, v) Providing Pucca Internal CC Roads with side Drains with GP Funds from Mabasha (H) to Saheb Peera (H) in the village at Ayyalur and vi) Providing Pucca Internal CC side Drains with GP Funds from Maseed to Battula Subbarayudu (H) and other Roads in the village at Ayyalur, 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.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the p. 5 petitioner after statutory deductions is Rs.9,89,204/-, out of which an amount of Rs.1,89,543/- was credited to the petitioner‟s account and the balance amount payable to the petitioner is Rs.7,99,661/-. The written instructions are made 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 the bill amount. 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 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 7. Given the instructions furnished by respondent No.4, 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 the balance amount of p. 6 1 2025 SCC online SC 1400 Rs.7,99,661/- (Rupees Seven Lakhs Ninety Nine Thousand Six Hundred and Sixty One only) payable to the petitioner regarding execution of the aforementioned works, 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 p. 7 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31911 of 2025 Date: 02.02.2026 IKN