APHC010690162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35656/2025 Between: 1. KUNCHAM VENKATA REDDY, S/O K NARAPAREDDY AGED ABOUT 63 YEARS, OCC BUSINESS THIPPIREDDYPALLI, CHAPADU MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEPARTMENT, DEVELOPMENT SECRETRAIT BUILDING, VELGAPUDI, AMARAVATHI. -523238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI-523238. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, KADAPA 616116 4. THE DEPUTY EXECUTIVE ENGINEER, QA AND QC (PR) SUB DIVISION-1 KADAPA Y.S.R. KADAPA DISTRICT 616116 2 SRS,J W.P.NO.35656 OF 2025 5. THE ASSISTANT ENGINEER, QA AND QC (PR) SUB DIVISION-1 KADAPA Y.S.R. KADAPA DISTRICT. 616116 ...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 the of the respondents and in nonpayment of dues Rs. 8,12,613/- pertaining to the work of Providing CC roads from Ponna Srinivasulu H(MPPS) to Burrial Grounds in Ramadasapuram Vil of Ayyavaripalli GP in Chapadu Mandal., executed under Agreement 2023-2024 Dt.30.11.2023, even after submission of bill which is illegal, arbitrary and Violation of Art.14, Art.15, Art.19(1)(g), Art.21, Art.23 and Art.300A of Constitution of India and violation of clause and 68 and 69 of AP Standard Specifications and consequently direct the respondents to pay dues of Rs.8,12,613/- pertaining to the work Providing CC roads from Ponna Srinivasulu H(MPPS) to Burrial Grounds in Ramadasapuram Vil of Ayyavaripalli GP in Chapadu Mandal... executed under Agreement 2023-2024 Dt. 30.11.2023 along with 12 percent Interest from the date of expiry of one month from the date of submission of bill to till the date of payment and to 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 consider & process the payment of dues of Rs.8,12,613/- pertaining to the work Providing CC roads from Ponna Srinivasulu H(MPPS) to Burrial Grounds in Ramadasapuram Vil of Ayyavaripalli GP in Chapadu Mandal.. executed under Agreement 2023-2024 Dt. 30.11.2023 expeditiously within 4 weeks pending final disposal of the writ 3 SRS,J W.P.NO.35656 OF 2025 petition pending disposal of the above writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Ms.Jeesitha, learned counsel represented Sri.S.Rama Lakshman Reddy, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department appeared for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.8,12,613/- payable to the petitioner for execution of works i.e. 1. „Providing CC Roads from Peta Kondaiah house (Palagiri Venkatasubbareddy) to Palageri Bhaskar Reddy House at Ayyaaripalli (V & GP) of Chapadu Mandal, 2. Providing CC Roads from Peta Kondaiah house to Peta sreeramulu house (Peta Suryanarayana) Rama (V & GP) of Chapadu Mandal, 3. Providing CC Roads from Ponna 4 SRS,J W.P.NO.35656 OF 2025 Srinivasulu house (MPPS) to Burial ground at Ramnasamudram (V) of Ayyavaripalli GP of Chapadu Mandal and 4. Provding CC roads and construction of RCC Culvert across field channel at RBK in Badripalli (V & GP) of Chapadu Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer (FAC), PRI Division – respondent No.3. 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.8,12,613/-. 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.8,12,613/-. 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: 1 2025 SCC online SC 1400 5 SRS,J W.P.NO.35656 OF 2025 “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 respondent No.3, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.8,12,613/- (Rupees Eight Lakhs twelve Thousand Six Hundred and Thirteen 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: 03.02.2026 LSP