APHC010690682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35456/2025 Between: 1. TALLA VEERA VENKATA SATYANARAYANA, S/O. RATNAM, AGED ABOUT 58 YEARS, BUSINESS, R/O. D.NO.5-103, TALLURU VILLAGE, GANDEPALLI MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, (PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. .-522237 2. THE STATE OF A P, . REP. BY ITS PRINCIPAL SECRETARY (FINANCE AND PLANNING DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.-522237. 3. THE UNION OF INDIA, REP. BY ITS CHIEF SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI, INDIA, PIN-110001 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF A.P., TADEPALLI, GUNTUR DISTRICT. .-522501 5. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. - 533001 6. ASSISTANT DIRECTOR OF MINES, , LALACHERUVU, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. -533101 7. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, EAST p. 2 SRS,J GODAVARI DISTRICT, RAJAMAHENDRAVARAM. -533101 8. THE CHIEF EXECUTIVE OFFICER, Z.P.P EAST GODAVARI DISTRICT, KAKINADA. .- 533001 9. THE DIVISIONAL PANCHAYAT OFFICER, KAKINADA .- 533001 10. GADALA VILLAGE GRAMPANCHAYAT, REP BY ITS SECRETARY, KORUKONDA MANDAL, E.G.DISTRICT. - 533289 ...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 inaction of the Respondents herein failure to pay the bill amount of Rs.1,58,652 /- as arbitrary, illegal and violative of Articles 14,16 and 21 of the Constitution of India with a consequential direction to the Respondents to release and pay the bill amount of Rs. 1,58,652 /- with interest to the Petitioner forthwith 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 the bill amount of Rs. 1,58,652 /- with interest to the Petitioner forthwith in the interest of justice and pass Counsel for the Petitioner: 1. SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR MINES AND GEOLOGY 4. GP FOR FINANCE PLANNING The Court made the following: p. 3 SRS,J ::ORDER :: Heard Sri Siva Lanka Ramachandra Prasad, learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1, 2, 4 and 9; learned standing counsel for Central Government for respondent No.3, Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.5; learned Assistant Government Pleader for Mines and Geology, for respondent No.6 and Sri Y. Koteswara Rao, learned standing counsel for respondents 8 and 10. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.1,58,652/- payable to the petitioner for execution of work i.e. „Providing new Bore well to PWS scheme in Ramaswamypeta Village, providing bore well motor with all accessories and pumping main to Gadala Village of Gadala GP in Korukonda Mandal, in pursuance of administrative sanction proceedings No.DMF/1/2022 dated 11.11.2022 issued by the Collector and District Magistrate, East Godavari District, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration learned Assistant Government Pleader, submitted instructions furnished by Executive Engineer, p. 4 SRS,J RWS & S Division, Rajamahendravaram-respondent No.7, wherein it is stated as follows: “The above work is administratively sanctioned under District Mineral Fund (DMF) grant, the work is completed and the final bill was submitted to the Assistant Director of Mines and Geology for payment with Gross of Rs.1,80,328.00, and the statutory recoveries of Rs.21,676.00 and the Net amount of Rs.1,58,652.00 which is the petitioner has claimed. Therefore, it is humbly requested to grant 06 months of time to obtain the payments from District Mines and Geology Officer, East Godavari District, Rajamahendravaram, who is the payment authority of DMF funds.” 4. 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 work and the petitioner‟s entitlement for Rs.1,58,652/-. 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 p. 5 1 2025 SCC online SC 1400 SRS,J 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, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,58,652/- (Rupees One Lakh Fifty Eight Thousand Six Hundred and Fifty 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: 27.01.2026 IKN p. 6 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35456 of 2025 Date: 27.01.2026 IKN