APHC010669482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34665/2025 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. 49,30,279/- 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 -1, Bit -2, Bit -3, Bit -4, Bit -5) 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. 49,30,279/- 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. 49,30,279/- 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 :: The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.49,30,279/- payable to the petitioner in relation to the works executed by the petitioner 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 Gram Panchayat, Kaikalur Mandal (Bit-1, Bit-2, Bit-3, Bit-4 and Bit-5), as illegal and arbitrary. 2. Heard Sri Jami Madhavi, learned counsel for the petitioner and Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents. 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 (P.R), PIU Division, Eluru– respondent No.5. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.49,63,735/-, and after QC & present statutory recoveries, the net amount payable to the petitioner is Rs.44,73,017/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. p. 4 5. Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.44,73,017/-. 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.5, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.44,73,017/- 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 Date: 11.03.2026 TVN p. 5 1 2025 SCC online SC 1400 212 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34665 of 2025 Date: 11.03.2026 TVN