APHC010671882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34873/2025 Between: 1. SHRI RUDRA JANAKAMMA CONSTRUCTIONS, D.NO.1-173/36, ANNAPURNA ARCADE, MIDILAPURI COLONY ROAD, MADHURAWADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. REPRESENTED BY ITS MANAGING PARTNER ANNABATTULA RAM KIRAN. 2. ANNABATTULA RAM KIRAN,, S/O. NARSINGA RAO (LATE), AGED 41 YEARS, OCC CONTRACTOR, R/O. D.NO. 55-14-74/3, FLAT NO. 102, SAI SRI NIVAS, SEETHAMMADHARA, APSEB COLONY, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL AMARAVATI, GUNTUR DISTRICT. Page 2 of 5 4. THE SPECIAL COMMISSIONER, DEPARTMENT OF AGRICULTURE, GOVERNMENTOF AP, GUNTUR. 5. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 6. THE DISTRICT COLLECTOR, VISAKHAPATNAMDISTRICT, VISAKHAPATNAM. 7. EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM 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, 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 withholding the payment of balance of Rs.5,47,775/- even after finalizing the bills, payable to the petitioners in relation to the works under Agriculture Department Grant i.e., for Construction of New office Building for MAO at Padmanabham, Visakhapatnam District through the Agreement No. 2018-19, dated 14-02- 2019 for an amount of Rs.5,47,775/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.5,47,775/- to the petitioners in respect of execution of above- mentioned work 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 Pleased to direct the respondents to consider for payment of amount of Rs.5,47,775/- to the petitioners in respect of execution of works under Agriculture Department Grant i.e., for Construction of New office Building for MAO at Padmanabham, Visakhapatnam District through the Agreement No. 2018-19, dated 14-02- 2019 for an amount of Rs.5,47,775/- forthwith pending disposal of the main Writ Petition and pass p. 3 Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR AGRICULTURE 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Rambabu Koppineedi, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1, 2 and 5 to 8 and learned Assistant Government Pleader for Agriculture and Co-operation Department, for respondents 3 and 4. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of 5,47,775/- in relation to the work executed by the petitioner i.e. Construction of New Office Building for MAO, Padmanabham, Visakhapatnam District, in pursuance of agreement dated 14.02.2019, 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.7. 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.5,51,944/-. The written instructions are made as part of the record. Page 4 of 5 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.5,51,944/-/-. 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.7, though there is a small variation in the amount claimed by the petitioners and the amount determined by the official, as payable to the petitioners, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,51,944/- (Rupees Five Lakhs Fifty One Thousand One Hundred and Forty Four 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: 24.02.2026 IKN p. 5 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34873 of 2025 Date: 24.02.2026 IKN