APHC010646982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34283/2025 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): p. 2 SRS,J W.P.No.34283 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.3,92,255/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of CC drain from Shaik Khasim Bi (H) to Shaik Gousiya (H) in Nandivelugu (V) of Tenali (M) (RWS - 5078 - 8357), vide Agreement No. / 2023-24, dated 11.12.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.3,92,255/- with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs.3,92,255/- with interest @24-% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC drain from Shaik Khasim Bi (H) to Shaik Gousiya (H) in Nandivelugu (V) of Tenali (M) (RWS - 5078 - 8357), vide Agreement No / 2023-24, dated 11.12.2023, 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 :: Heard Smt. M. Sumalatha, learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. Page 3 of 5 SRS,J W.P.No.34283 of 2025 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.3,92,255/-, payable to the petitioner for execution of work i.e. „Construction of CC drain from Shaik Khasim Bi (H) to Shaik Gousiya (H) in Nandivelugu (V) of Tenali (M) (RWS – 5078 – 8357)‟, in pursuance of agreement No. /2023-24 dated 11.12.2023, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.3,92,255/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the execution of the aforementioned work and the petitioner‟s entitlement for Rs.3,92,255/-. 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 p. 4 1 2025 SCC online SC 1400 SRS,J W.P.No.34283 of 2025 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.4, the Writ Petition is disposed of directing the respondents to release an amount of Rs.3,92,255/- (Rupees Three Lakhs Ninety Two Thousand Two Hundred and Fifty Five only) payable to the petitioner for supply of material for 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: 27.01.2026 IKN p. 5 SRS,J W.P.No.34283 of 2025 254 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34283 of 2025 Date: 27.01.2026 IKN