APHC010669462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34694/2025 Between: 1. KUMPATLA SRIRAM, S/O UMA MAHESWARA RAO, AGED 46 YEARS, R/O D.NO. 10-142/6, SRIKRISHNA DEVARAYA NAGAR, AKEVEEDU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNTS, GOVERNMENT OF ANDHRA PRADESH, FINANCE DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA. 4. THE SUPERINTENDING ENGINEER, (PRI DIVISION), ELURU, ELURU DISTRICT, (ERSTWHILE WEST GODAVARI). 5. THE EXECUTIVE ENGINEER P R, PIU DIVISION, ELURU, ELURU DISTRICT, (ERSTWHILE WEST GODAVARI). 6. THE CEO, JILLA PARISHAD, KRISHNA DISTRICT, MACHILIPATNAM. 7. THE MANDAL ENGINEERING OFFICER, MANDAL PARISHAD, p. 2 KAIKALURU, ELURU DISTRICT (ERSTWHILE WEST GODAVARI). 8. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, MANDAVALLI, ELURU DISTRICT. 9. THE ASSISTANT EXECUTIVE ENGINEER, MANDAL PARISHAD, KAIKALURU, ELURU DISTRICT. 10. THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, KRISHNA DISTRICT AT VIJAYAWADA. ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 49,28,968/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Construction of CC Road to Bypass Road from Kaikaluru - Eluru R and B Road at Electrical Sub Station to Johnpeta on Bhimavaram - Gudiwada of Kaikaluru Gram Panchayat of Kaikalur Mandal, of (Bit -6, Bit -7, Bit -8, Bit -9, Bit -10) under ZPP 15 percent SC EMF Funds of Agreement NO./2023-24 dated 20.01.2024 for Kaikalur Mandal Parishad, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs. 49,28,968/- with interest for the pending bills forthwith for the above said work executed by the petitioner 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 respondents to consider for Pending Amount Bills of Rs. 49,28,968/- with interest for the work executed by the petitioner in relation to the work i.e., Construction of CC Road to Bypass Road from Kaikaluru - Eluru R&B Road at Electrical Sub Station to Johnpeta on Bhimavaram - Gudiwada of Kaikaluru GP of Kaikalur Mandal pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. JAMI MADHAVI p. 3 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.J.Madhavi, learned counsel for the petitioner and 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 the pending due payments of amount Rs.49,28,968/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. Construction of CC Road to Bypass Road from Kaikaluru - Eluru R and B Road at Electrical Sub Station to Johnpeta on Bhimavaram - Gudiwada of Kaikaluru Gram Panchayat of Kaikalur Mandal, of (Bit-6, Bit-7, Bit-8, Bit-9, Bit-10) under ZPP 15 percent SC EMF Funds of Agreement NO./2023-24 dated 20.01.2024 for Kaikalur Mandal Parishad, 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 the 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 after statutory deductions is Rs.44,72,510/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner also endorses the same. p. 4 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.44,72,510/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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 the 7th respondent, the Writ Petition is Disposed of directing the respondents to release an amount of Rs.44,72,510/- (Rupees Forty Four Lakhs Seventy Two Thousand Five Hundred and Ten only) payable to the petitioner regarding execution of the aforementioned works, 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 PVD 1 2025 SCC online SC 1400