APHC010678412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35089/2025 Between: 1. U JAYA SUBBA REDDY, S/O CHINNA SUBBI REDDY, R/O 1/27, RAJUVARIPETA, CHAPADU MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 3. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT.516004 4. THE DISTRICT COLLECTOR, NANDYAL, KURNOOL DISTRICT.518501 5. THE SUPERINTENDENT ENGINEER, K.C. CANAL DIVISION, NANDYAL, KURNOOL DISTRICT. 518501 6. THE EXECUTIVE ENGINEER, W.R.D K.C. CANAL DIVISION, NANDYAL, KURNOOL DISTRICT 518501 p. 2 SRS,J 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER, (WORKS AND ACCOUNTS), NANDYAL, KURNOOL DISTRICT.518501 8. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, KADAPA. R8 IS IMPLEADED AS PER THE COURT'S ORDER DT.03.02.2026 IN I.A.NO.01 OF 2026. ...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 Writ or Order or a direction, more particularly in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs.5,34,818/- (Rupees five lakhs thirty four thousand eight hundred and eighteen rupees only) due to the petitioner for the execution of works in Construction of 1000 LPH RO Plant at K. Rajuvariipeta H/o K. Rajuvaripeta GP OF Chapadu Mandal in YSR Kadapa District vide Agreement dated 30.09.2023, as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest @ 24percentage P.A., to the petitioner 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 pay an amount Rs.5,34,818/- (Rupees five lakhs thirty four thousand eight hundred and eighteen rupees only) due to the petitioner for the execution of works in Construction of 1000 LPH RO Plant at K. Rajuvariipeta H/o K. Rajuvaripeta GP OF Chapadu Mandal in YSR Kadapa District vide Agreement dated 30.09.2023, pending disposal of the main Writ Petition IA NO: 1 OF 2026 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 may be pleased to permit the Petitioner to implead the Proposed Respondent No. 8 in W.P No. 35089 of 2025 and to pass p. 3 SRS,J Counsel for the Petitioner: 1. S DUSHYANTH REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Ms. K. Mokshitha, learned counsel representing Sri S. Dushyanth Reddy, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Finance and Planning Department, for respondents 1, 7 and 8; learned Assistant Government Pleader for Irrigation for respondents 2, 5 and 6; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondents 3 and 4. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.5,34,818/-, payable to the petitioner for execution of the work i.e. „Construction of 1000 LPH RO Water Plant at K. Rajuvaripeta, H/o K. Rajuvaripeta Gram Panchayat of Chapadu Mandal‟ YSR District, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the officers of Vigilance and Quality control have inspected and certified that there is no p. 4 SRS,J deviation of work. A copy of inspection report was filed along with a memo, vide U.S.R No.1839/2026 dated 06.01.2026. 4. Learned Assistant Government Pleader submitted the written instructions of respondent No.8. 5. 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.5,34,818/-. The written instructions are made as part of the record. 6. Thus, as seen from the instructions there is no dispute regarding the supply of material and the petitioner‟s entitlement for Rs.5,34,818/-. 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.”. p. 5 1 2025 SCC online SC 1400 SRS,J 7. Given the instructions furnished by respondent No.8, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,34,818/- (Rupees Five Lakhs Thirty Four Thousand Eight Hundred and Eighteen 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: 17.02.2026 IKN p. 6 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35089 of 2025 Date: 17.02.2026 IKN