APHC010674912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34927/2025 Between: 1. GONUGUNTLA LINGA NAIDU,, S/O. G.VENKATARAMAPPA, AGED ABOUT 51 YEARS, R/O. D.NO.1/72, MUDIGUBBA MAIN ROAD, MUDIGUBBA VILLAGE, MUDIGUBBA MANDAL, ANANTAPUR DISTRICT, AP. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEPARTMENT, (R D.LL), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NO 12-47, P.V.S. ICON PATHURU CROSS ROAD, TADEPALLI GUNTUR DISTRICT A P 5. THE DISTRICT WATER MANAGEMENT AGENCY DWMA, PUTAPATRI, SRI SATYA SAI DISTRICT. 2 6. THE EXECUTIVE ENGINEER, PANCHAYAT DIVISIONAL OFFICE, (PRI DIVISION OFFICE) PENUGONADA, SRI SATYASAI 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 tomay be pleased to issue a Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing/ remitting the EMD deposited amounts of Rs. 23,000/-, Rs. 6,800/-, Rs. 19,024/-, Rs. 20,486/-, Rs. 20,156, Rs.12, 568/-, Rs. 20,802/-, Rs. 20,720/-, Rs. 8,415/-, Rs. 21,189/-, Rs.10,500/-, Rs. 8,200/-, Rs. 11,000/-, Rs. 11,500/-, Rs. 2,000/-, Rs. 14,000/-, Rs.11,500/-, Rs, 12,000/-, Rs. 11,500/-, Rs. 21,000/-, Rs. 18,000/-, Rs. 14,000/-, Rs. 11,500/-, Rs. 14,000/-, Rs, 8,500/-, Rs. 8,500/-, Rs. 14,000/-, Rs. 16,000/-, Rs. 10,500/- , Rs. 19,495/-, Rs. 20, 878/-, Rs. 10,000/-, Rs. 21,342/-, Rs.21,635/-, Rs. 20,434/-, Rs.20,070/-, Rs. 23, 645/-, Rs. 16,555/-, Rs. 15,519/-, Rs. 9,250/-, Rs. 8,500/- amounting totally to an amount of Rs. 6,08,683/- And QC amounts of Rs. 19,495/-, Rs. 20,878/-, Rs. 20,434/-, Rs. 20,070/-, Rs. 16,555/- and Rs. 15, 519/- amounting total to an amount of Rs. 1,12.951/- i.e., total amount for both EMD and QC amounts are of Rs. 7,21,634/- towards the work done by the Petitioner and consequently direct the Respondents to release the EMD amounts and QC amounts of total Rs. 7,21,634/- forthwith along with 24percent deposited by the Petitioner and to pass such 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 may be pleased to grant an interim direction directing the Respondents to forthwith pay/remit the EMD amount of Rs. 6,08,683/- and QC amounts of Rs.1,12, 951/- both to an total of Rs. 7,21,634/- to the Petitioner bank account forthwith pending disposal of the above writ petition, and pass such Counsel for the Petitioner: 1. PALEM LAKSHMI PRIYA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following: ::ORDER :: Heard Ms. P.Lakshmi Priya, learned counsel for the petitioner, Sri P.Rajesh Kumar, 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 releasing an amount of Rs.7,21,634/-, payable to the petitioner in relation to the forty one works, executed by him as per M.Book, 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, Penukonda-6th respondent. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner is Rs.7,21,634/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.7,21,634/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. 4 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 Executive Engineer, PRI Division, Narasaraopet, the Writ Petition is disposed of directing the respondents to release an amount of Rs.7,21,634/- (Rupees Seven Lakhs Twenty One Thousand Six Hundred and Thirty 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: 23.01.2026 SNI 1 2025 SCC online SC 1400 5 308 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34927 OF 2025 Date: 23.01.2026 SNI