APHC010646932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34282 OF 2025 Between: 1. KALLAM SUBBA REDDY, S/O. K RADHA REDDY, AGED ABOUT 70 YEARS, OCC. CONTRACTOR, R/O. 3-111, YSR CENTRE, KALLAM VEERA REDDY STREET, TADEPALLI, GUNTUR DISTRICT, PINCODE. 522501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, GUNTUR, GUNTUR DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, TENALI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA 2 SRS, J W.P.No.34282 of 2025 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order: Heard Smt. Naseem Sultana, learned counsel representing Smt. Modapothula Sumalatha, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning Department, appeared for respondents 1, 2, 4 & 5 and learned Assistant Government Pleader for Revenue appeared for the 3rd respondent. 2. The above writ petition was filed declaring the action of the respondents in not releasing the amount of Rs.4,14,261/-, payable to the petitioner in relation to work i.e., Construction of CC drain from Tenali Satyavedam House to Potharlanka Nageswara Rao House in Nandivelugu Village of Tenali Mandal, is illegal and arbitrary. 3. The 3rd respondent accorded administrative sanction vide Proceedings Rc.No.108/Plg.II/DE&SO/GGMP/22, dated 22.08.2023, for the aforementioned work. The petitioner emerged as a successful bidder, and agreements were entered into Agreement No. /2023-24 dated 11.12.2023 (Ex.P1). The petitioner executed the work. The Assistant Executive Engineer RWS&S (QA&QC) Subdivision Guntur submitted Ex.P2. The amount of Rs.4,14,261/- has not been paid, despite the completion of the work. 3 SRS, J W.P.No.34282 of 2025 4. Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted the written instructions dated 17.01.2026, signed by the 4th respondent. As seen from the instructions, the amount could not be paid due to insufficient funds. The authority addressed a letter to the District Collector, Guntur, on a number of occasions. Soon after the release of funds, the amount will be paid to the petitioner. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement. Since there is no dispute regarding the petitioner’s entitlement and the amount is admitted, the writ petition filed by the petitioner vis-à-vis the release of the amount under Article 226 of the Constitution of India 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 facts and circumstances of the case, the Writ Petition is disposed of with a direction to the respondent authorities to pay the amount of 1 2025 SCC onLine SC 1400 4 SRS, J W.P.No.34282 of 2025 Rs.4,14,261/- to the petitioner regarding the 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: 19.01.2026 BSK 5 SRS, J W.P.No.34282 of 2025 65 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34282 OF 2025 Date: 19.01.2026 BSK