APHC010686672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35407/2025 Between: 1. PASUPULETI RAJINI,, C/O.NARASIMHA RAO, AGED ABOUT 45 YEARS, R/O.5-208, VATSAVAI, N.T.R. DISTRICT, ANDHRA PRADESH-521402. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS , PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522 503 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS , PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522 503 3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, , TADEPALLI GUNTUR DIST. ANDHRA PRADESH - 522501. 4. THE EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT MG ROAD, VIJAYAWADA, N.T.R. DIST. 520 002 5. THE DEPUTY EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT JAGGAYYAPET, N.T.R. DIST. 521175 6. THE CHILLAKALLU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT p. 2 SRS,J SECRETARY CHILLAKALLU VILLAGE, JAGGAYYAPET MANDAL N.T.R. DIST. ANDHRA PRADESH. 521175 ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of not releasing admitted bill amounts of Rs. 16,57,994/- for construction of side drains at Chillakallu Village of Jaggayyapet Mandal pursuant to Agreement dt.29.11.2023 under Gadapa Gadapaku Mana Prabhutvam (GGMP) grants despite works completed more than one (01) year is illegal, irrational, arbitrary, and in violation of principles of natural justice and offends Article- 14,19 and 21 of Constitution of India consequently direct the respondents to release admitted bill amounts of Rs. 16,57,994/- for construction of side drains at Chillakallu Village of Jaggayyapet Mandal pursuant to Agreement dt.29.11.2023 under Gadapa Gadapaku Mana Prabhutvam (GGMP) grants along with interests at 12percent to the Petitioners Company 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 Counsel for the Petitioner: 1. V.N.V.SURYA DATTU 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 V.N.V.Surya Dattu, learned counsel for the petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj p. 3 SRS,J and Rural Development & Finance and Planning Department, for respondents 1 to 3; learned Assistant Government Pleader for Irrigation, for respondents 4 and 5 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.6. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.16,57,994/- for the works executed by the petitioner i.e. i) Construction of CC drain at Nalajala Satyavathi house to Boyapati Venkata Krishna house at Chillakallu village of Jaggalahpeta Mandal, ii) Construction of side drain from Pastham Ramudu House to Toorapati Yakob house at Jangala colony at Chillakallu village of Jaggalahpeta Mandal, iii) Construction of side drain at Boyapati Ramaiah house to Garapati Gopala Rao house at Chillakallu village of Jaggalahpeta Mandal, iv) Construction of side drain at Rice mill azar at Chillakallu village of Jaggalahpeta Mandal and v) Construction of side drain from R & B road to Poranki Gopala Raju house bazaar at Chillakallu village of Jaggalahpeta Mandal, in pursuance of agreements dated 29.11.2023, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the District Collector, N.T.R. District, issued administrative sanctions dated 20.11.2023 under GGMP grants for 26 works, and the petitioner was allotted the aforementioned five works on a nomination basis. The petitioner completed the works as per the agreements, and four works were duly inspected by the p. 4 SRS,J quality control and quality assurance (QC & QA) Wing, Rural Water Supply and Sanitation Department, Vijayawada. Learned counsel would submit that despite the completion of works, the respondents have not released the amount payable to the petitioner. 4. Learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of Executive Engineer RWS & S (P) Division – respondent No.4. 5. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works, and the net amount payable to the petitioner after statutory deductions is Rs.17,00,694/-. The written instructions are made as part of the record. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.17,00,694/-. 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 p. 5 1 2025 SCC online SC 1400 SRS,J 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.4, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, (the amount determined by the officials was after verifying all the concerned records and other deductions), payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.17,00,694/- (Rupees Seventeen Lakhs Six Hundred and Ninety 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: 28.01.2026 IKN p. 6 SRS,J 257 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35407 of 2025 Date: 28.01.2026 IKN