APHC010652572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34644 OF 2025 Between: 1. SANTHI II DWACRA GROUP, REP. BY NALLAMOTHU SIVARAMAKRISHNA, S/O. NALLAMOTHU VENKATARATHNA, AGED ABOUT 60 YEARS, R/O. D. NO. 1-85, KAKUMANU VILLAGE, KAKUMANU MANDAL, GUNTUR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEPARTMENT (R.D-LL), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, D. NO. 12-47, PVS ICON, PATHURU CROSS ROAD, TADEPALLI, GUNTUR DISTRICT, A.P. 4. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER FAC, (PR), PIU DIVISION, GUNTUR DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. SRINIVASA RAO NARRA 2 SRS, J W.P.No.34644 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 Sri M.Narendra Babu, learned counsel representing Sri Srinivasa Rao Narra, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning, appeared for the respondents 1 to 3 & 5 and Ms. Vijaya Sree, learned Assistant Government Pleader for Revenue appeared for the 4th respondent. 2. The above writ petition was filed to declare the action of the respondents in not paying an amount of Rs.8,00,144/- (Rupees Eight Lakh One Hundred and Forty Four only), payable to the petitioner in relation to the works i.e., (1) Improvements to the road from Ponnuru R&B road to Kolla Anjaiah Field in Kakumanu (V&M) (2) Improvements to the road from Kolla Anjaiah Field to Nallamothu Kavitha field in Kakumanu (V&M) (3) Improvements to the road from Nallamothu Kavitha field to Kolla Seshu Field to Kolla Anjaiah Field in Kakumanu (V&M) (4) Improvements to the road from BC Colony Chintala Bazar CC road ending to Fifth Number Sagar Kaluva in Kakumanu (V&M), is illegal and arbitrary. 3. 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of 3 SRS, J W.P.No.34644 of 2025 Executive Engineer, (PR) PIU Division, Guntur-5th respondent dated 20.01.2026, wherein it is stated as follows: “As per Proceedings Rc.No.2977/23%-Rs-18/2024/P5, Dt.30.08.2025 of the Chief Executive Officer, ZPP, Guntur the bills were uploaded in CFMS portal, status is waiting for funds clearance.” 4. The written instructions are made as part of the record. 5. Thus, as seen from the instructions submitted by the Executive Engineer, (PR) PIU Division, Guntur-5th respondent, there is no dispute regarding the execution of works and the petitioner’s entitlement. Since there is no dispute regarding the petitioner’s entitlement and the amount payable to the petitioner is undisputed and admitted, the writ petition 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 1 2025 SCC online SC 1400 4 SRS, J W.P.No.34644 of 2025 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 directing the respondents to release/pay an amount of Rs.8,00,144/- (Rupees Eight Lakh One Hundred and Forty Four only) to the petitioner regarding the execution of the aforementioned works, within a period of 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: 21.01.2026 BSK 5 SRS, J W.P.No.34644 of 2025 399 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34644 OF 2025 Date: 21.01.2026 BSK