APHC010618682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31971/2025 Between: 1. M/S. LAKSHYA CONSTRUCTIONS,, REP BY ITS MANAGING PARTNER B. VENKATA RAMANA, S/O. B. SRI RAMA MURTHY, AGED ABOUT 43 YEARS, OCC CONTRACTOR, R/O. D. NO. 4-261, FLAT NO. 106, SRI SURYA TEJA APARTMENT, YALLAVANI GARUVU VILLAGE, PALAKOLE MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, (PRI) WEST GODAVARI DISTRICT AT BHIMAVARAM. 5. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, p. 2 SURYA RAO PETA, VIJAYAWADA. 6. THE SUPERINTENDENT ENGINEER, PRI CIRCLE, ELURU, ELURU DISTRICT. 7. THE EXECUTIVE ENGINEER, PRI DIVISION, NARASAPURAM, WEST GODAVARI 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 an appropriate 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 total due payments of Rs. 36,26,153/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., 1) Agreement No. /2023-24, Dt 08.01.2024 vide M. Book. No. 510/B/PRI/2022-23 for Rs. 19,26,462/-, 2) Agreement No. /2023-24, Dt 27.11.2023 vide M. Book. No. 509/B/PRI/2022- 2023 for Rs. 16,99,691/- above (02) works were sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs. 36,26,153/- in West Godavari District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs. 36,26,153/- with interest at 18percent for the pending bills forthwith for the above said works executed by the petitioner and pass such 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 may be pleased to direct respondents to consider for pending bills of Rs. 36,26,153/- with interest @ 18 % for the works executed by the petitioner for the various works under GadapaGadapaku Mana Prabhutvam (GGMP) Grant, in West Godavari District through the Agreements forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 3 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 of Rs.36,26,153/- payable to the petitioner in relation to the works executed by the petitioner, as illegal and arbitrary. 2. Heard Sri A. Balakrishna, learned counsel for the petitioner and 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, Narasapur – respondent No.7. 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.37,28,734/-, and after QC & statutory recoveries, i.e. Rs.4,11,534/-, the net amount payable to the petitioner is Rs.33,17,200/-. 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.33,17,200/-. Since the amount payable is admitted and undisputed, the writ petition is p. 4 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.7, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.33,17,200/- 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: 11.03.2026 TVN p. 5 1 2025 SCC online SC 1400 213 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31971 of 2025 Date: 11.03.2026 TVN