APHC010634812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33336/2025 Between: 1. SUDHAKARA INFRATECH PRIVATE LIMITED, REPRESENTED BY ITS PROJECT COORDINATOR, E.SIVA RAMAKRISHNA REDDY, S/O CHINA VENKATA REDDY, AGED ABOUT 52 YEARS. ADDRESS FLAT NO 304, METRO RESIDENCY, RAJBHAVAN ROAD, SOMAJIGUDA, HYDERABAD, TELANGANA STATE. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, 2. STATE OF ANDHRA PRADESH, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. THE PROJECT DIRECTORAPRRP CUM ENGINEERINCHIEF, PANCHAYATRAJ ENGINEERING DEPARTMENT, ZP COMPOUND, M.G.ROAD, VIJAYAWADA. 4. THE EXECUTIVE ENGINEER, PRI (PIU) DIVISION, GUNTUR. 5. THE DEPUTY EXECUTIVE ENGINEER, PR (PIU) SUB-DIVISION, MACHERLA, PALANDU 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 p. 2 of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the approved bill amount of f5,51,67,746/- (Rupees Five Crore Fifty- one Lakhs Sixty Seven Thousand Seven Hundred and Forty six only) payable to the petitioner company towards the works duly executed and completed under Agreement No.21/APRRP/PRED/Guntur/Roads/002, dated 09.01.2019, covered by Measurement Book Nos. 018/A/P IU/2021-2022, 019/A/P IU/2021-2022, and 020/A/PIU/2010-2011, in spite of uploading in the Comprehensive Financial Management System (CFMS) ID Nos. 2025- 9079464, 2025-9088767, and 2025-867856 as illegal, arbitrary, and violative of Article 14 of the Constitution of India and consequently direct the respondents to pay the amounts with interest @18percentage per annum for payment of an amount of Rs 5,51,67,746/- forthwith to the petitioner 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 release the part bill payment of 5,51,67,746/- pertaining to CFMS ID Nos. 2025-9079464, 2025-9088767, and 2025- 867856, under Agreement No. 21/APRRP/PRED/Guntur/Roads/002, dated 09.01.2019, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. K V RAGHU VEER Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order : Heard Sri K.V. Raghu Veer, learned counsel for the petitioner and Sri 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 not releasing the amount of Rs.5,51,67,746/- payable to the p. 3 petitioner in relation to the work executed in pursuance of agreement No.17/2018-19 dated 09.01.2019 entered with Engineer –in – Chief, PR, Vijayawada, concerning package No.21/APRRP/PRED/GNT/Road/002 consisting of 41 road works of Guntur District, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the works were completed and the respondent authorities uploaded the bills in the CFMS portal vide CFMS I.D.Nos.2025-9079464, 2025-9088767 and 2025-867856. However, the amount has not been released so far. 4. The writ petition was first listed on 02.12.2025 and was being adjourned from time to time at the request of the learned Assistant Government Pleader for Panchayat Raj, for getting instructions. 5. Today, when the matter is taken up, learned Assistant Government Pleader Panchayat Raj submitted the instructions of the Principal Secretary to the Government, Finance Department, respondent No.2. 6. As seen from the instructions, the authority has confirmed the uploading of bills for Rs.5,51,67,746/- in the CFMS portal in relation to the works executed by the petitioner under the aforementioned agreement. The instructions disclose that the total value of the work done by the petitioner is Rs.6,35,12,121/- and the net amount payable to the petitioner after QC recovery of Rs.83,44,375/-, is Rs.5,51,67,746/-. The written instructions are made as part of the record. 7. Despite the written instructions furnished by respondent No.2, the learned Assistant Government Pleader sought time to file a counter. However, as seen from the material available on record, including the instructions, there is no dispute regarding the work executed by the petitioner and its entitlement to the amount. In fact, the bills were uploaded in the CFMS portal and are awaiting „Fund Clearance‟. Page 4 of 4 8. Since there is no dispute regarding the execution of the aforementioned work and the petitioner‟s entitlement for Rs.5,51,67,746/-, inviting a counter will not serve any purpose. As 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.” 9. Given the instructions furnished by Principal Secretary to Government, Finance Department, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,51,67,746/- (Rupees Five Crores Fifty One Lakhs Sixty Seven Thousand Seven Hundred and Forty Six only) payable to the petitioner for execution of work under the aforementioned agreement, within six (06) 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: 30.03.2026 IKN 1 2025 SCC online SC 1400