APHC010678392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35279 OF 2025 Between: 1. DONGA DURGA PRASADA RAO, , S/O.KRISHNA MURTHY, AGE 57 YEARS, OCC CONTRACTOR, R/O.KOYYETIPADU VILLAGE, PENUNTRA MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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, WEST GODAVARI DISTRICT, BHIMAVARAM. 4. THE EXECUTIVE ENGINEER, PR AND RD, WEST GODAVARI DISTRICT, BHIMAVARAM. 5. THE DEPUTY EXECUTIVE ENGINEER, (J)JM NARSAPURAM DIVISION, NARSAPURAM, WEST GODAVARI DISTRICT. 6. THE ASSISTANT DIRECTOR, MINES AND GEOLOGY DEPARTMENT, WEST GODAVARI DISTRICT, BHIMAVARAM. 7. THE GRAMPANCHAYATI, REP.BY ITS SECRETARY, KOYYETIPADU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT. 2 SRS, J W.P.No.35279 of 2025 CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.08.01.2026 IN I.A.NO.01 OF 2026. ...RESPONDENT(S): Counsel for the Petitioner: 1. MANDA VENKATESWARA RAO 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 Manda Venkateswara Rao, learned counsel for the petitioner; Smt. Naga Chandrika, 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 withholding the bill amount of Rs.1,57,268/- in relation to the work executed by the petitioner i.e. ‘Formation of approach road from Satyavaram road of Koyyetipadu Housing layout of Lay out ID 053911LA222282 (Rs No.128/2) at Koyyetipadu (V) of Penumantra (M)’ pursuant to agreement No. /2022-23, dated 22.08.2022, 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 PRI Division, Narasapur, W.G. District - respondent No.4. 3 SRS, J W.P.No.35279 of 2025 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.1,33,399/-. 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 submitted by the Executive Engineer PRI Division, Narasapur, W.G. District - respondent No.4, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.1,33,399/-. Since the amount payable is admitted and undisputed, the writ petition under Article 226 of the Constitution of India 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.4, the Writ Petition is disposed of directing the respondents to release/pay an amount of 1 2025 SCC online SC 1400 4 SRS, J W.P.No.35279 of 2025 Rs.1,33,399/- (Rupees One Lakh Thirty Nine Thousand Three Hundred and Ninety Nine only) payable to the petitioner regarding the execution of the aforementioned work, 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: 21.01.2026 BSK 5 SRS, J W.P.No.35279 of 2025 380 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35279 OF 2025 Date: 21.01.2026 BSK