APHC010670382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34724/2025 Between: 1. KOYYALAGADDA NAGA RAJU,, S/O.VENKATA RAJU, AGED ABOUT 48 YEARS, OCC BUSINESS, R/O.PEDAPUTLAPUDI, PEDALANKA, KALIDINDI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - PANCHAYAT RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE PRINCIPAL SECRETARY, STATE HOUSING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 4. THE MANAGING DIRECTOR, A.P.STATE HOUSING CORPORATION LTD., VIJAYAWADA, NTR DISTRICT. 5. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 6. DISTRICT HOUSING OFFICER/DISTRICT HEAD HOUSING, A.P.STATE HOUSING CORPORATION LTD., MACHILIPATNAM, KRISHNA DISTRICT. 7. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT. p. 2 8. THE EXECUTIVE ENGINEER EE, PANCHAYAT RAJ DEPARTMENT, PRI DIVISION, MACHILIPATNAM, KRISHNA 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 topleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not making the payment for the two works for an amount of Rs.6,01,633/- covered under the respective M-Book NO.23B/2022-23 (Rs.4,96,340/-) and M-Book No.58A/2022-23 (Rs. 1,05,293/-) for providing internal roads in YSR Jagananna Housing colony at Kruthivennu village and Mandal and Ramavarapumodi village, Bantumill Mandal, Krishna District as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further direct the respondents to clear the bill of Rs.6,01,633/- including interest @24percent per annum forthwith 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 pleased to grant interim direction directing the respondents to pay the bill amount of Rs.6,01,633/- covered under the respective M-Book No.23B/2022- 23 (Rs.4,96,340/-) and M-Book NO.58A/2022-23 (Rs.1,05,293/-) for providing internal roads in YSR Jagananna Housing colony at Kruthivennu village and Mandal and Ramavarapumodi village, Bantumill Mandal, Krishna District to the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: 1. B V ANJANEYULU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 3. GP FOR FINANCE PLANNING 4. GP FOR HOUSING The Court made the following: p. 3 ::ORDER :: Heard Sri B.V.Anjaneyulu, learned counsel for the petitioner; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1, 2, 5, 7 and 8; learned Assistant Government Pleader for Housing Corporation, for respondents 3 and 6; and learned standing counsel for Housing Corporation, for respondents 4 and 6. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.6,01,633/- in relation to the work executed by the petitioner i.e. 8Providing Internal Road in YSR Jagananna Housing Colony in Kruthivennu Layout of Kruthivennu village of Kruthivennu Mandal, 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.8. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.5,31,032/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of the aforementioned work and the petitioner9s entitlement for p. 4 Rs.5,31,032/-. 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.=. 7. Given the instructions furnished by respondent No.8, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,31,032/- (Rupees Five Lakhs Thirty Thousand and Thirty Two only) payable to the petitioner regarding 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: 04.02.2026 IKN p. 5 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34724 of 2025 Date: 04.02.2026 IKN