APHC010662452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34938/2025 Between: 1. GADDAM SRINIVASA PRASAD,, S/O.PRABHAKARA RAO, AGED ABOUT 46 YEARS, OCC- CONTRACTOR, R/O.D.NO.4-11-11, TUFANNAGAR, NEAR KAPU KALYANA MANDAPAM, BAPATIA TOWN AND MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED APSHCL, REP.BY ITS CHAIRMAN-CUM-DIRECTOR, PLOT NO.LL AND 12 BEHIND BSNL, TELEPHONE EXCHANGE AUTO NAGAR, VIJAYAWADA, ANDHRA PRADESH- 520007. 4. THE DISTRICT COLLECTORCUMEXECUTIVE DIRECTOR, ANDHRA PRADESH STATE HOUSING- CORPORATION LIMITED (APSHCL), GUNTUR, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, GUNTUR, GUNTUR 2 DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, PRATHIPADU, GUNTUR DISTRICT. 7. THE ASSISTANT ENGINEER, MANDAL PRAJA PARISHAD (MPP), VATTICHERUKURU VILLAGE AND MANDAL, GUNTUR, GUNTUR DISTRICT. ...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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents to release the final bill amount of Rs.16,21,534/- as per M.Book to petitioner in pursuance of the agreement entered into respondents 3 to 7 vide Agreement No. /2023-24, dated 29.05.2023 for the work of APSHCL, Guntur-Navaratnalu Pedalanddariki Illu-Leveling of House sites in Phase-I layouts in Kovelamudi- 2, Kovelamudi Village of Vatticherukuru Mandal of Guntur District Under Navaratnalu Pedalanddariki Illu Programme and for consequential direction to the respondents 3 to 7 to release the final bill amounts, as illegal, arbitrary, in violation of Article 14 of the Constitution of India and consequently direct the respondents 3 to 7 to release the final bill amount of Rs.16,21,534/- as per M.Book to petitioner in pursuance of the agreement entered into respondents vide Agreement No. /2023-24, dated 29.05.2023 for the work of APSHCL, Guntur-Navaratnalu Pedalanddariki Illu-Leveling of House sites in Phase-I layouts in Kovelamudi-2, Kovelamudi Village of Vatticherukuru mandal of Guntur District with interest and to 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 to direct the respondents 3 to 7 to release the final bill amount of Rs.16,21,534/- as per M.Book to petitioner in pursuance of the agreement entered into respondents 3 to 7 vide Agreement No. /2023-24, dated 29.05.2023 for the work of APSHCL, Guntur-Navaratnalu Pedalanddariki Illu-Leveling of -ffH- House sites in Phase-I layouts in Kovelamudi-2, Kovelamudi Village of Vatticherukuru mandal of Guntur District with interest, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 3 1. BALAJI BOLLA Counsel for the Respondent(S): 1. BALAJI BOLLA 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 Balaji Bolla, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.16,21,534/-, payable to the petitioner in relation to the work i.e., APSHCL, Guntur-Navaratnalu Pedalanddariki Illu leveling of House sites in Phase-I Layouts in Kovelamudi-2 in Kovelamudi Village of Vatticherukuru Mandal, Guntur District – layout ID.No.073413LA113414, vide Agreement No…/2023-24 dated 29.05.2023, executed by him as per M.Book, 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 Executive Engineer, PR PIU Division, Guntur-5th respondent. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner is Rs.16,21,534/-. The written instructions are made as part of the record. 4 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.16,21,534/-. 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 the Executive Engineer, PR PIU Division, Guntur-5th respondent, the Writ Petition is disposed of directing the respondents to release an amount of Rs.16,21,534/- (Rupees Sixteen Lakhs Twenty One Thousand Five Hundred and Thirty Four only) payable to the petitioner regarding execution of the aforementioned work, within four (04) 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: 05.02.2026 SNI 1 2025 SCC online SC 1400 5 178 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34938 OF 2025 Date: 05.02.2026 SNI