APHC010701742025 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: 36529/2025 Between: 1. KATEPALLI RAVI KUMAR, S/O.RAMAIAH, AGED 48 YEARS, R/O.POLAMPALLI POST, VATSAVAI MANDAL, NTR (OLD KRISHNA) DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522 503. 2. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE AND PLANNING DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.522 503. 3. 3. THE COMMISSIONER OF PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DIST. ANDHRA PRADESH - 522501. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, VIJAYAWADA, MG ROAD, VIJAYAWADA, N.T.R. DIST. 520 002. 5. 5. THE SHERMOHAMMADPET GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY SHERMOHAMMADPET VILLAGE, JAGGAYYAPET MANDAL N.T.R. DIST. ANDHRA PRADESH. 521175. ...RESPONDENT(S): p. 2 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 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.10,79,997/- for construction of new CC drains at six (6) locations in Shermohammadpet Village of Jaggayyapet Mandal pursuant to Agreement dt.03.12.2022, 14.12.2022 under Gadapa Gadapaku Mana Prabhutvam (GGMP) grants despite works completed more than two (02) years 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.10,79,997/- for construction of new CC drains at six (6) locations in Shermohammadpet Village of Jaggayyapet Mandal pursuant to Agreement dt.03.12.2022, 14.12.2022 under Gadapa Gadapaku Mana Prabhutvam (GGMP) grants along with interests at 12PERCENT to the Petitioners Company 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 release bill amounts of Rs.10,79,997/- for construction of new CC drains at six (6) locations in Shermohammadpet Village of Jaggayyapet Mandal pursuant to Agreement dt.03.12.2022, 14.12.2022 under Gadapa Gadapaku Mana Prabhutvam (GGMP) grants along with interests at 12% to the Petitioners Company and to pass 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 Katepalli Ravi Kumar, 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 p. 3 1 to 4 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.10,79,997/-, payable to the petitioner in relation to execution of the works i.e. 1) Construction of New CC Drain from Ramakoteswara Rao (H) to Rachakonda Ashalu (H) at Shermohammadpeta (V) of Jaggayyapeta (M), 2) Construction of New CC Drain from Sura Lakshmamma (H) to Annepaga Ramesh (H) at Shermohammadpeta (V) of Jaggayyapeta (M), 3) Construction of New CC Drain from Tulasi Seshamma (H) to MPPS School at Shermohammadpeta (V) of Jaggayyapeta (M), 4) Construction of New CC Drain from Bikshma Saidulu (H) to Mattapalli Venkanna (H) at Shermohammadpeta (V) of Jaggayyapeta (M), 5) Construction of New CC Drain from Mettela Veeraswamy (H) to Annepaga Sundararao (H) at Shermohammadpeta (V) of Jaggayyapeta (M), and 6) Construction of New CC Drain from Pittala Ramulu (H) to Mullangisadhu (H) at Shermohammadpeta (V) 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.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a value of Rs.10,79,042/- and the net amount payable to the petitioner after statutory deductions of Rs.1,47,517/-, is Rs.9,31,525/-. 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.9,31,525/-. Since the amount payable is admitted and undisputed, the writ p. 4 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 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 7. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of directing the respondents to release an amount of Rs.9,31,525/- (Rupees Nine Lakhs Thirty One Thousand Five Hundred and Twenty Five 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 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36529 of 2025 Date: 24.02.2026 IKN