APHC010678042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35082/2025 Between: 1. KANDI APPALA NAIDU, S/O. PAID NAIDU, AGED 55 YEARS, OCC CONTRACTOR, R/O. D.NO. 13-21-9, B.C. ROAD, BHANOJI COLONY, GAJUWAKA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER 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. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 5. EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION ANAKAPALLI, ANAKAPALLI DISTRICT. 6. THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2 ...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 withholding the payment of balance of Rs.2,24,509/- even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Community hall in Dabbanda Village (13732) Anandapuram Mandal of Visakhapatnam District through the Agreement No. /2019-20, dated 30-04-2020 for an amount of Rs.2,24,509/- 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.2,24,509/- to the petitioner 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 to direct the respondents to consider for payment of amount of Rs. 2,24,509/- to the petitioner in respect of execution of works i.e.. Construction of Community hall in Dabbanda Village (13732) Anandapuram Mandal of Visakhapatnam District through the Agreement No. /2019-20, dated 30-04-2020 for amount of Rs.2,24,509/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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 Rambabu Koppineedi, learned counsel for the petitioner, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 3 2. The above writ petition was filed to declare the action of the respondents in withholding the balance amount of Rs.2,24,509/- in relation to the work executed by the petitioner i.e., Construction of Community Hall in Dabbanda Village (13732), Anandapuram Mandal, Visakhapatnam District vide Agreement No../2019-20 dated 30.04.2020, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned counsel for the petitioner would submit that the petitioner did works for an estimated cost of Rs.20,00,000/-, the petitioner was paid an amount of Rs.15,00,000/- and the remaining amount of Rs.2,24,509/- has not been paid. 4. Learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Anakapalli -5th respondent dated 09.02.2026, wherein it was admitted that the balance amount payable to the petitioner after statutory deductions is Rs.1,73,732/-. 5. Thus, as seen from the instructions and the submission of learned counsel on either side, pending the writ petition, there is no dispute regarding the balance amount of Rs.1,73,732/- payable to the petitioner. 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 1 2025 SCC online SC 1400 4 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.1,73,732/- (Rupees One Lakh Seventy Three Thousand Seven Hundred and Thirty Two only) payable to the petitioner regarding 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: 11.02.2026 SNI 5 209 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35082 of 2025 Date: 11.02.2026 SNI