APHC010613002025 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: 31915/2025 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, AYYALURU 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): 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 tomay be pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in not issuing the Bill Pass Orders and not p. 2 paying the bills of i) Rs. 1,91,334/-, ii) Rs. 1,51,746/-, iii) Rs. 1,93,060/ iv) Rs. 1,85,752/-, v) Rs. 93,297/-, vi) /- 1,25,124/- and vii) Rs. 47,014/- totally an amount of Rs. 9,87,327/- 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 Sarpaddin (H) to Munaff (H) and other Roads in the village at Ayyalur as per the SDR No. 23/2022-2023, Dt. 2.06.2022, ii) Providing Pucca Internal CC Roads with side Drains with GP Funds from Lailun Bi (H) to Sartaz (H) and other Roads in the village at Ayyalur as per the SDR No. 24/2022-2023, Dt. 4.06.2022, iii) Providing Pucca Internal CC Roads with side Drains with GP Funds from Pakruddin (H) to Ganeem (H) and other Roads in the village at Ayyalur as per the SDR No. 26/2022-2023, Dt. 4.06.2022, iv) Providing Pucca Internal CC Roads with side Drains with GP Funds from Ganeem (H) to Habivulla (H) and other Roads in the village at Ayyalur as per the SDR No. 29/2022-2023, Dt. 6.06.2022, v) Providing Pucca Internal CC Roads with side Drains with GP Funds from Gajula Lakshamma (H) to Uppari Ramana (H) in the village at Ayyalur as per the SDR No. 31/2022-2023, Dt. 6.06.2022, vi) Providing Pucca Internal CC Roads with side Drains with GP Funds from Angadi Basha (H) to Munaff (H) in the village at Ayyalur as per the SDR No. 39/2022-2023, Dt. 2.07.2022 and vii) Providing Pucca Internal CC side Drains with GP Funds from Maseed to Battula Subbarayudu (H) and other Roads in the village at Ayyalur as per the SDR No. 42/2022-2023, 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. 1,91,334/-, ii) Rs. 1,51,746/-, iii) Rs. 1,93,060/-, iv) Rs. 1,85,752/-, v) Rs. 93,297/-, vi) /- 1,25,124/- and vii) Rs. 47,014/- totally an amount ofRs. 9,87,327/-with an interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith 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 pleased to DIRECT the Respondents to issue the Bill pass Orders and consider for payment of bills of i) Rs. 1,91,334/-, ii) Rs. 1,51,746/-, iii) Rs. 1,93,060/-, iv) Rs. 1,85,752/-, v) Rs. 93,297/-, vi) /- 1,25,124/- and vii) Rs. 47,014/- totally an amount of Rs. 9,87,327/- with an interest @24% per annum for the delayed amount to the petitioner in relation to the works i.e., p. 3 Providing Pucca Internal CC Roads with side Drains with GP Funds from Sarpaddin (H) to Munaff (H) and other Roads in the village at Ayyalur as per the SDR No. 23/2022-2023, Dt. 2.06.2022, ii) Providing Pueca Internal CC Roads with side Drains with GP Funds from Lailun Bi (H) to Sartaz (H) and other Roads in the village at Ayyalur as per the SDR No. 24/2022-2023, Dt. 4.06.2022, iii) Providing Pucea Internal CC Roads with side Drains with GP Funds from Pakruddin (H) to Ganeem (H) and other Roads in the village at Ayyalur as per the SDR No. 26/2022-2023, Dt. 4.06.2022, iv) Providing Pucca Internal CC Roads with side Drains with GP Funds from Ganeem (H) to Habivulla (H) and other Roads in the village at A5^alur as per the SDR No. 29/2022-2023, Dt. 6.06.2022, v) Providing Pucca Internal CC Roads with side Drains with GP Funds from Gajula Lakshamma (H) to Uppari Ramana (H) in the village at Ayyalur as per the SDR No. 31/2022-2023, Dt. 6.06.2022, vi) Providing Pucca Internal CC Roads with side Drains with GP Funds from Angadi Basha (H) to Munaff (H) in the village at Ayyalur as per the SDR No. 39/2022-2023, Dt. 2.07.2022 and vii) Providing Pucca Internal CC side Drains with GP Funds from Maseed to Battula Subbarayudu (H) and other Roads in the village at Ayyalur as per the SDR No. 42/2022-2023, Dt. 2.07.2022”, pending disposal of the Writ Petition and pass such 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 Manjo Kumar Bethapudi, learned counsel for the petitioner; Smt. Naga Chandrika, 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 not releasing the bill amount of Rs.9,87,327/- payable to the petitioner in relation to the works executed by the petitioner i.e. i) Providing Pucca Internal CC Roads with side Drains with GP Funds from Sarpaddin (H) to Munaff (H) and other Roads in the village at Ayyalur ii) Providing Pucca Internal CC Roads with side Drains with GP Funds from Lailun Bi (H) to Sartaz (H) and other Roads in the village at Ayyalur; iii) Providing Pucca Internal CC Roads with side Drains with GP Funds from Pakruddin (H) to Ganeem (H) and other Roads in the village at Ayyalur, iv) Providing Pucca Internal CC Roads with side Drains with GP Funds from Ganeem (H) to Habivulla (H) and other Roads in the village at Ayyalur; v) Providing Pucca Internal CC Roads with side Drains with GP Funds from Gajula Lakshamma (H) to Uppari Ramana (H) in the village at Ayyalur, vi) Providing Pucca Internal CC Roads with side Drains with GP Funds from Angadi Basha (H) to Munaff (H) in the village at Ayyalur and vii) 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 works and the net amount payable to the petitioner after statutory deductions is Rs.9,87,327/- out of which an amount of Rs.2,10,457/- was credited to the petitioner’s account and the balance amount payable to the petitioner is Rs.7,76,870/-. The written instructions are made as part of the record. Page 5 of 6 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 balance amount of Rs.7,76,870/-. 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, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.7,76,870/- (Rupees Seven Lakhs Seventy Six Thousand Eight Hundred and Seventy 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. 6 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31915 of 2025 Date: 02.02.2026 IKN