APHC010667812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34527/2025 Between: 1. VEERAVALLI NARASIMHA SWAMY, S/O.VENKANNA, AGE 49 YEARS OCCCONVENOR VILLAGE WORKS COMMITTEE BHATLAMAGUTUR VILLAGE, PENUNTRA MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY PR AND RW DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPT. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. . 3. THE DISTRICT COLLECTOR, 3., WEST GODAVARI DISTRICT, BHIMAVARAM 4. THE EXECUTIVE ENGINEER, , PR AND RD, WEST GODAVARI DISTRICT, BHIMAVARAM. 5. THE DEPUTY EXECUTIVE ENGINEER, 5. NARSAPURAM DIVISION, NARSAPURAM, WEST GODAVARI DISTRICT. . 6. THE ASSISTANT DIRECTOR, 6., MINES AND GEOLOGY DEPARTMENT, WEST GODAVARI DISTRICT, BHIMAVARAM. CT. 7. THE GRAMPANCHAYATI, 7., REP.BY ITS SECRETARY, BHATLAMAGUTURU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRI p. 2 8. THE EXECUTIVE ENGINEER RWS AND DEPARTMENT, RWS AND S DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 9. THE DEPUTY EXECUTIVE ENGINEER RWS AND DEPARTMENT, RWS AND S SUB-DIVISION, ACHANTA, WEST GODAVARI DISTRICT. 10. THE ASST ENGINEER RWS AND DEPARTMENT, RWS AND S SECTION, PENUMANTRA, WEST GODAVARI DISTRICT. RR 8 TO 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.04.02.2026 IN I.A.NO.01 OF 2026. ...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 appropriate Writ order, or direction more particularly in the nature of Writ of mandamus and declaring the inaction of the respondents withholding payment of the balance net amount at Rs.35,001/-(as per M.Book No.1063A/RWS (K) 2021-22, vide Agreement dt.08.11.2023 payable to the Petitioner in relation to the works in Bhatlamaguturu Village, Penumantra Mandal, West Godavari District for the year2017-2018 under DMF grants is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of net amount of Rs.35,001/-(as per M.Book No.1063A/RWS (K) 2021-22, vide Agreement dt.08.11.2023 with interest 24 perce per annum for the delayed amount to the Petitioner in respect of execution of the above mentioned works in Bhatlamagutur Village, Penumantra Mandal, West Godavari District 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 may be pleased to direct the respondents to consider for payment of net amount of Rs.35,001/-(as per M.Book No.1063A/RWS (K) 2021-22, vide Agreement clt.08.11.2023 with interest @ 24% per annum for the delayed amount to the Petitioner in respect of execution of the above mentioned works in Bhatlamagutur Village, Penumantra Mandal, West Godavari District forthwith and pass IA NO: 1 OF 2026 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 May be pleased to implead 1).The Executive Engineer, RWS and S Division, p. 3 Bhimavaram West Godavari District, 2). The Deputy Executive Engineer, RWS and S SubDivision, Achanta, West Godavari District and 3). The Asst.Engineer, RWS and S Section, Penumantra, West Godavari District as respondents 8 to 10 in the above W.P No.34527/2025 and pass Counsel for the Petitioner: 1. MANDA VENKATESWARA RAO Counsel for the Respondent(S): 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.35,001/- relating to the work executed by the petitioner i.e. construction of CC drain from Vadlamudi Ravi Pratap House to Ganta Savitri House in SC Area in Bhatlamaguturu GP of Penumantra Mandal, pursuant to Agreement No.Nil/2023-24, dated 08.11.2023, as illegal and arbitrary. 2. Heard Sri Mandal Venkateswara Rao, 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 to 6, 8 to 10 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondent No.7. 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, Bhimavaram Rajamahendravaram – respondent No.8. Page 4 of 5 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works. It would further indicate that the total value of the work done by the petitioner is Rs.35,001/-, and after deductions, i.e. Rs.6,375/-, the net amount payable to the petitioner is Rs.28,626/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the same. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.28,626/-. 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.8, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.28,626/- payable to the petitioner regarding execution of the aforementioned works, within two (02) 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: 11.02.2026 TVN p. 5 1 2025 SCC online SC 1400 305 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34527 of 2025 Date: 11.02.2026 TVN