APHC010617572023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32050/2023 Between: 1. NARE GOVARDAN REDDY,, S/O. NARE RAVEENDRANATHA, AGED ABOUT 45 YEARS, R/O. KONDAREDDYGARI PALLI, PEDDAGOTTIGALLU VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY IRRIGATION AND WATER RESOURCES DEPARTMENT, A.P. SECRETSIRIAT, AMARAVATHI, VELAGAPUDI GUNTUR DISTRICT. 3. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 4. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.9-2-52, SHOP NO.1, MANASA COMPLEX, RAMMANDIRAMSTREET, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT 5. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, 2 D.NO.48-10-9/1, N.H. FEEDER ROAD, CURRENCY NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 6. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 7. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, CHITTOOR, CHITTOOR DISTRICT. 8. THE EXECUTIVE ENGINEER, PRI DIVISION, MADHANAPALLI, CHITTOOR DISTRICT. 9. THE DEPUTY EXECUTIVE ENGINEEER, PRI SUB DIVISION, PUNGANUR, CHITTOOR DISTRICT. . 10. THE PANCHAYATH SECRETRARY, PEDDAGOTTIGALLU GRAM PANCHAYATH, ROMPICHERLA MANDAL, CHITTOOR 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, order or direction more particularly one in the nature of Writ of Mandamus to declaring action on the part of the respondents herein in not paying the amounts for the work executed by the petitioner under the scheme of AEE2/MGNREGS-SCP Peddagottigallu Village, Rompicherla Mandal, Chittoor District for amount of Rs.8 lakhs and pass IA NO: 1 OF 2023 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 release undisputed/admitted final bills amount for the work executed by the petitioner under the scheme of AEE2/MGNREGS- SCP Peddagottigallu Village, Rompicherla Mandal, Chittoor District for amount of Rs. 8 lakhs forthwith along with interest at the rate of 24% per annum, pending disposal of the writ petition and pass IA NO: 1 OF 2026 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 May be pleased to grant leave to the Petitioner/ respondent No.10 to file the counter affidavit and pass Counsel for the Petitioner: 3 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR IRRIGATION COMM AREA DEV 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER :: Heard Sri P.Narasimhulu, learned counsel for the petitioner, 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 the balance amount of Rs.8,00,000/- in relation to the work executed by the petitioner i.e., Construction of CC Road from Krishnaiah House to Gangulamma House and Small Streets at Kondareddygaripalle H/o Peddagottigallu, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Madanapalle – 8th respondent dated 25.02.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned work is Rs.7,32,460/-. After QC 4 recovery of Rs.22,842/-, the balance amount payable to the petitioner comes to Rs.7,09,618/-. Out of the same, an amount of Rs.6,74,137/- was already paid to the petitioner, and the balance amount payable to the petitioner is Rs.35,481/-. 5. In reply, Sri P.Narasimhulu, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.35,481/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of Rs.35,481/- payable to the petitioner. 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.35,481/- (Rupees Thirty Five Thousand Four Hundred and Eighty One 1 2025 SCC online SC 1400 5 only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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: 25.02.2026 SNI 6 213 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32050 of 2023 Date: 25.02.2026 SNI