APHC010677472025 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: 35341/2025 Between: 1. MODERN CONSTRUCTIONS, , HAVING OFFICE AT H.NO. 60-26- 6/1, OLD 5TH ROUTE, ASHOK NAGAR, VIJAYAWADA, REP. BY IT PARTNER PANGULURI SESHAGIRI RAO S/O SUBBA RAO, AGED ABOUT 51 YEARS, OCC- CONTRACTOR, R/O H.NO. FLAT NO. 402, VIJAYA HEIGHTS, KADIYALA VENKAIAH STREET, GAYATHRI NAGAR, VIJAYAWADA,NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KRISHNA, MACHILIPATNAM AT VIJAYAWADA. 3. EXECUTIVE ENGINEER, , PRI VIJAYAWADA DIVISION, VIJAYAWADA, KRISHNA DISTRICT. 4. DEPUTY EXECUTIVE ENGINEER, PRI GANNAVARAM SUB- DIVISION, GANNAVARAM, KRISHNA DISTRICT. 5. ASSISTANT EXECUTIVE ENGINEER, BAPULAPADU MANDAL PARISHAD, BAPULAPADU, KRISHNA DISTRICT. Page 2 of 5 6. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR 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 declaring the action of respondents in not paying approved bill amount of Rs. 20,04,597.65/- with regard to work of Construction of internal CC roads in Remalli Village of Bapulapadu Mandal, Krishna District, sanctioned vide GO rt No. 277, PR and RD (Progs.I) Dept dated 2903-2018 in pursuance of completion certificate dated 01/06-03-2025, as illegal, arbitrary. against to the principles of natural justice apart from being voilative of Article 21 of the Constitution of India and consequentially direct the respondents to release and pay entire amounts due for the work done i.e. Construction of internal CC Roads in Remalli Village of Bapulapadu Mandal, Krishna District in pursuance of completion certificate dated 01/06-03-2025, in the interest of justice 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 release and pay entire amounts due for the work done i.e. Construction of internal CC Roads in Remalli Village of Bapulapadu Mandal, Krishna District in pursuance of completion certificate dated 01/06-03-2025, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: p. 3 ::ORDER :: Heard Ms. Yamini, learned counsel representing Sri Sreenivasa Rao Velivela, 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 to 4 and 6 and Sri Y. Koteswara Rao, learned standing counsel for respondent No.5. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.20,04,597.65 paise, payable to the petitioner in relation to the work executed by the petitioner i.e. ‘Construction of Internal CC roads in Remalli Village, Bapulapadu Mandal, 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.3. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a value of Rs.19,95,689/- and the net amount payable to the petitioner after QC recovery / statutory deductions is Rs.18,10,917/-. 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 there is no dispute regarding the execution of aforementioned work and the petitioner’s entitlement for Rs.18,10,917/-. 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 p. 4 1 2025 SCC online SC 1400 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.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.18,10,917/- (Rupees Eighteen Lakhs Ten Thousand Nine Hundred and Seventeen 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 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35341 of 2025 Date: 24.02.2026 IKN