APHC010691792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35567/2025 Between: 1. SRI SAI CONSTRUCTIONS, REP BY ITS MANAGING DIRECTOR K. PRADEEP KUMAR REDDY, S/O K. PRABHAKAR REDDY, NEAR BALAJI GAS AGENCIES, SREENIVASA NAGAR, PRODDUTUR, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR, DISTRICT - 522238 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR, DISTRICT - 522238 3. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA - 516001 4. THE PROJECT DIRECTOR, APRRP AND ENGINEER-IN-CHIEF (P.R), ZP COMPOUND, MG ROAD VIJAYAWADA - 520010 5. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ CIRCLE, YSR KADAPA DISTRICT - 516001 ...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 p. 2 SRS,J W.P.No.35567 of 2025 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not making payments of the completion of part of work which is nearly an amount of Rs.2,46,81,833/- which is submitted on 06.03.2024, The same was given as CFMS token Number 2025-783401 for the completion of the work providing BT to the road from Ganganpalli to Pothulapalli of Tonduri Mandal, YSR Kadapa District, The said works were allotted through an agreement from the 4th Respondent dated - 27.10.2021, The total generated bill is due by the Respondent authorities even after obtaining necessary approvals from the concerned departments and thereby by ignoring the sanctioned orders, even the CFMS Portal also registered our bills dated 06.03.2024which are pending for consideration and pending for payments, and consequently direct the respondents to make payments for an amount of Rs. 2,46,81,833/- 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 pay the pending amount of Rs. 2,46,81,833/- for the executed contracted work for the sanctioned amounts for high priority works as the proceedings dated, pending disposal of the main Writ petition and pass Counsel for the Petitioner: 1. MUDE SAI KUMAR NAIK Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Mude Sai Kumar Naik, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for the respondents. Page 3 of 5 SRS,J W.P.No.35567 of 2025 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.2,46,81,833/- payable to the petitioner in relation to the work i.e. „Providing BT road from Ganganpalli to Pothulapalli of Tonduri Mandal, YSR Kadapa District, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that an agreement was entered into on behalf of the petitioner and respondent No.4 vide agreement No.16/2021-22, dated 27.10.2021, in relation to the aforementioned work. The petitioner executed the work within the stipulated time. The bill was uploaded to CFMS, and a token was generated vide 2025-783401, despite which the same has not been released so far. 4. Learned Assistant Government Pleader for Panchayat Raj submitted the instructions furnished by the Principal Secretary of the Government, Finance Department, wherein the authority has confirmed the generation of the CFMS number mentioned supra in respect of the bill for Rs.2,46,81,833/-. The bill is awaited for „fund clearance‟. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner‟s entitlement for Rs.2,46,81,833/-. 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 affidavits, is not the correct course unless there are disputed questions p. 4 1 2025 SCC online SC 1400 SRS,J W.P.No.35567 of 2025 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.” 6. Given the instructions furnished by respondent No.1, the Writ Petition is disposed of directing the respondents to release an amount of Rs.2,46,81,833/- (Rupees Two crores Forty Six Lakhs Eighty One Thousand Eight Hundred and Thirty Three only) payable to the petitioner regarding execution of the aforementioned work after deductions, if any, within six (06) 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: 19.02.2026 IKN p. 5 SRS,J W.P.No.35567 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 35567 of 2025 Date: 19.02.2026 IKN