APHC010613972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31981/2025 Between: 1. BODAPATI ARAVALA RAJU, S/O.B.KONDAYYA, AGED ABOUT 62 YEARS, OCC CONTRACTOR, R/O. D.NO.5-82, GARAGALAMPALEM, KORUKONDA MANDAL EAST GODAVARI DISTRICT, AP ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM ANDHRA PRADESH 4. THE EXECUTIVE ENGINEER, PRI DIVISION, RAJAMAHENDRAVARAM, AP 5. THE PAY AND ACCOUNTS OFFICER FINANCE DEPARTMENT WORKS AND PROJECTS, DOWLESWARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...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, order or direction more particularly one in the nature p. 2 of WRIT OF MANDAMUSdedamg action of the respondents in non-payment of amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 5 works i.e I.Construction of CC Roads from Besetti Satyanarayana (H) to Polimera Ramana (H) at Srirangapatnam Village of Korukonda(M) under Agreement No /2023-24 dt 22-02-2024, II. Construction of CC Roads from Polimera Ramana (H) toSurisetti Varalakshmi (H) at Srirangapatnam Village of Korukonda(M)under an Agreement no. /2023-24 dt 22-02-2024, III. Construction of CC Roads from R and B Road to Penumaka Raju (H) at Srirangapatnam Village of Korukonda(M) under an Agreement no. /2023-24 dt 22-02-2024, IV Construction of CC Roads from R and B Road to Tadepalli Venkatesh H at Srirangapatnam Village of Korukonda(M) under an Agreement no /2023-24 dt 22-02-2024, V.Construction of CC Roads from R and B Road to Vemagiri Anand Kumar (H) at Srirangapatnam Village of Korukonda(M)under an Agreement no. /2023-24 dt 22-02-2024, respectively for b Gadapa Gadapaku Mana Prabhutvam programme and for consequential direction seeking direction to the respondents to release the final bill amounts forthwith along with the interest payable to the petitioner on the principal amount 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 pay the amounts of Rs.3,96,589/-, Rs.2,13,753/-, Rs.4,81,127/-, Rs.4,91,835/-, and Rs.4,41,996/-payable to the petitioner for the works i.e., payable to the petitioner after the successful completion of the execution of 5 works i.e. 1.Construction of CC Roads from Besetti Satyanarayana (H) to Polimera Ramana (H) at Srirangapatnam Village of Korukonda(M) under Agreement No /2023-24 dt 22-02-2024, I. Construction of CC Roads from Polimera Ramana (H) toSurisetti Varalakshmi (H) at Srirangapatnam Village of Korukonda(IVI)uncie r an agreement No. /2023-24 dt 22-02-2024 III. Construction of CC Roads from R and B Road to Penumaka Raju (H) at Srirangapatnam Village of Korukonda(M) under an Agreement no. /2023-24 dt 22-02-2024, IV. Construction of CC Roads from R and B Road to Tadepalli Venkatesh (H) at Srirangapatnam Village of KorukondafMJunder an Agreement no. /2023-24 dt: 22-02-2024 V.Construction of CC Roads from R and B Road to Vemagiri Anand Kumar (H) at Srirangapatnam Village of Korukonda(M)under an Agreement no. /2023-24 dt 22-02-2024, respectively for Gadapa Gadapaku Mana Prabhutvam programme immediately, pending disposal of the main writ petition and pass p. 3 Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing the amount in relation to the works executed by the petitioner i.e. (i) Construction of CC road from Besetti Satyanarayana (H) to Polimera Ramana (H) at Srirangapatnam Village, Korukonda (M), (ii) Construction of CC roads from Polimera Ramana (H) to Surisetti Varalakshmi (H) at Srirangapatnam Village, Korukonda (M), (iii) Construction of CC roads from R&B road to Penumaka Raju (H) at Srirangapatnam Village, Korukonda (M), (iv) Construction of CC roads from R&B road to Tadepalli Venkatesh (H) at Srirangapatnam Village, Korukonda Mandal and (v) Construction of CC roads from R&B road to Vemagiri Anand Kumar (H) at Srirangapatnam Village, Korukonda (M), as illegal and arbitrary. 2. Heard Sri G. Yashwanth, learned counsel for the petitioner; Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the 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, PRI Division, Rajamahendravaram – respondent No.4. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.20,19,557/-, and after statutory p. 4 recoveries, i.e. Rs.1,66,829/-, the net amount payable to the petitioner is Rs.18,52,728/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.18,52,728/-. 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.=. 6. Given the instructions furnished by respondent No.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.16,16,308/- 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: 03.03.2026 TVN p. 5 1 2025 SCC online SC 1400 208 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31981 of 2025 Date: 03.03.2026 TVN