APHC010643262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33410/2025 Between: 1. MEDA VENKATA KRISHNA VARA PRASAD, S/O.RAMARAO, AGED ABOUT 48 YEARS R/O.H.NO.2-18, RAMALAYAM VEEDI, CHAGALLU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPNAENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, DOWALAISWARAM EAST GODAVARI DISTRICT. ...RESPONDENT(S): Page 2 of 5 SRS,J W.P.No.33410 of 2025 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 toPleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bills payable to the petitioner towards the completed work under M-Book Pass Order I.e., 1. M.B.No. 989- B/K/12-13, Rs. 1,73,813/-, 2. M.B.No. 986-B/K/12-13, Rs. 2,66,173/-, 3. M.B.N0.1148- B/21-22, Rs. 1,68,740/-, 4. M.B.No.1337-B/21-22, Rs.2,27,857/-, all together in total Rs. 8,36,583/-, even after finalizing the bills as illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending under M-Book Pass Order I.e., 1. M.B.No. 989-B/K/12-13, Rs. 1,73,813/-, 2. M.B.No. 986- B/K/12-13, Rs. 2,66,173/-, 3. M.B.No.1148-B/21-22 Rs. 1,68,740/-, 4. M.B.No.1337-B/21-22, Rs.2,27,857/-, all together in total Rs. 8,36,583/-, 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 Pleased to direct respondent Nos: 1 to 3 to release the amount pending under M-Book Pass Order I.e., 1. M.B.No. 989-B/K/12-13, Rs. 1,73,813/-, 2. M.B.No. 986-B/K/12- 13, Rs. 2,66,173/-, 3. M.B.No.1148-B/21-22, Rs.1,68,740/-, 4. M.B.No.1337- B/21-22, Rs.2,27,857/-, all together in total Rs. 8,36,583/- to the petitioner. pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA 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 action of the respondents in not releasing an amount of Rs.8,36,583/- in connection with Page 3 of 5 SRS,J W.P.No.33410 of 2025 work under M-Book Pass Order i.e., (1) M.B.No.989-B/K/12-13, Rs.1,73,813/-, (2)M.B.No.986-B/K/12-13, Rs.2,66173/-, (3)M.B.No.1148-B/21-22, Rs.1,68,740/-, (4)M.B.No.1337-B/21-22, Rs.2,27,857/- for providing open CC drains, as illegal and arbitrary. 2. Heard Ms.B.Swathi, learned counsel representing Mr.R.Ravula Nagarjuna, learned counsel for the petitioner, and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for respondents 1 to 6. 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, RWS&S Division, Rajamahendravaram – respondent No.5 reads as hereunder: “The above 5 Nos of works were administratively sanctioned under Gadapa Gadapaku Mana Prabhutvam (GGMP) grant, the petitioner claimed an amount of Rs.8,36,583.00, as per the work bills available, the gross amount is Rs.10,08,528.00 and the amount payable to the petitioner duly deducting the statutory recoveries is Rs.8,70,240.00. It is also submitted that, Currently the budge is not released by the Government, for creation of bills and submit to the pay and Accounts Office for making payment, the bills shall be submitted as and when the Government release the budget in NIDHI Portal.” 4. As seen from the written instructions, though the petitioner claims an amount of Rs.8,36,583/-, the petitioner is entitled to Rs.8,70,240/- after all deductions. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner. Page 4 of 5 SRS,J W.P.No.33410 of 2025 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.8,70,240/-. 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.”. 6. Given the instructions furnished by respondent No.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.8,70,240/- 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: 30.01.2026 S D P 1 2025 SCC online SC 1400 Page 5 of 5 SRS,J W.P.No.33410 of 2025 228 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 33410/2025 Date: 30.01.2026 S D P