APHC010624172025 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: 32513/2025 Between: 1. KILARAPU SRINIVASA RAO, S/O. REDDYMMA AGE ABOUT 49 YEARS, OCC CONTRACTOR, R/O. D.NO. 31-77, PAMARRU, PAMARRU MANDAL, N.T.R. DISTRICT, PREVIOUSLY KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ ENGINEERING DEPT, P.R.I. CIRCLE, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR P R WING, KRISHNA DISTRICT AT MACHILIPATNAM. 5. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, p. 2 VELAGAPUDI, AMARAVATI, 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bills amount total amount of Rs.29,66,768/- vide Administrative Sanction proceedings No. Proc.Rc.No.1525/AME/infra/2022 dated 20.05.2023 of the District. Krishna, MTM, D.R.No. 85/2023-24 dt. 16.05.2023 and M.Book.No. 2495A/2018-19, name of the Work Providing BT Road to the V.K. Road to the Peddagudem 1.00KM Approach Road in Ventrapragada Village of Pedaparupudi Mandal, with interest of execution of completion of C D M F Grant under Panchayatraj Department as per agreement/ Proceedings to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents release the final bills of total amount worth of Rs.29,66,768/- for execution of completion of works under DMF Grant, Panchayat Raj Department as per agreements to the petitioner forthwith and to 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 release the final bills of total amount worth of Rs.29,66,768/- for execution of completion of works under CDMF Grant, Panchayat Raj Department as per agreements to the petitioner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING p. 3 The Court made the following: ::ORDER :: The above writ petition was filed to declare the respondents' failure to release an amount of Rs.29,66,768/- relating to the work executed by the petitioner, i.e., the BT road to the V.K. road to the Peddagudem 1.00 km approach road in Ventrapragada Village, Pedaparupudi Mandal, as illegal and arbitrary. 2. Heard Sri Pamarthi Kameswara Rao, 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, Machilipatnam – respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work. It would further indicate that the total value of the work done by the petitioner is Rs.29,85,303/-, and after statutory deductions, i.e. Rs.3,18,845/-, the net amount payable to the petitioner is Rs.26,66,458/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the same. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.26,66,458/-. 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: p. 4 1 2025 SCC online SC 1400 “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.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.26,66,458/- payable to the petitioner regarding execution of the aforementioned work, 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: 25.02.2026 TVN p. 5 207 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32513 of 2025 Date: 25.02.2026 TVN