APHC010635082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33441/2025 Between: 1. VISSA PRASAD, S/O.V KOTESWARARAO, AGED ABOUT 42 YEARS, OCC CONTRACTOR, R/O.2-6-9/2, SUBBAREDDY THOTA, JAI SANKAR NAGAR, CHIRALA, BAPATLA DISTRICT, PINCODE 523155. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ SS RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. 3. THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DISTRICT. 4. 4. THE SUPERINTENDING ENGINEER, PR CIRCLE, GUNTUR, GUNTUR DISTRICT. 5. 5. THE EXECUTIVE ENGINEER, PRI PIU DIVISION, BAPATLA, BAPATLA DISTRICT. 6. THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503. Page 2 of 5 ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.2,99,947/- vide M Book No. 186/A/PRI/ PIU/ 2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing internal CC Road from Grama Panchayat to Seyon Church in Ramakrishnapuram GP of Chirala (M), vide Agreement No. /2023-24, Dated 29.09.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for pa5mient of amount of Rs.2,99,947/- vide M Book No. 186/A/PRI/ PIU/ 2023-24 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forth with and pass s 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 please to direct the respondents to pay for payment of amount of Rs.2,99,947/- vide M Book No. 186/A/PRI/ PIU/ 2023-24 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing internal CC Road from Grama Panchayat to Seyon Church Ramakrishnapuram GP of Chirala (M), vide Agreement /2023- 24, Dated 29.09.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: The above writ petition was filed to declare the inaction of the respondents in releasing an amount of Rs.2,99,947/- relating to the work p. 3 executed by the petitioner, i.e., providing an internal CC road from Gram Panchayat to Seyon Church in Ramakrishnapuram GP of Chirala (M), pursuant to agreement No.Nil/2023-24, dated 29.09.2023, is illegal and arbitrary. 2. Heard Smt. M. Sumalatha, 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, PR Division, Bapatla – respondent No.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works. It would further indicate that the total value of the work done by the petitioner is Rs.2,98,123/-, and after QC recovery / withheld amount, i.e. Rs.40,308/-, the net amount payable to the petitioner is Rs.2,57,815/-. 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.2,57,815/-. 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 p. 4 1 2025 SCC online SC 1400 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.2,57,815/- payable to the petitioner regarding execution of the aforementioned works, 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: 20.02.2026 TVN p. 5 218 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33441 of 2025 Date: 20.02.2026 TVN