APHC010704182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36699/2025 Between: 1. NALLAGATLA RAJA GOPAL REDDY, S/O. NALLAGATLA GOVINDA REDDY AGE 48 YEARS R/O. 2-15 KOTA KANDUKURU VTC ALLAGADDA PO ALLAGADDA MDG NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYATH RAJ RURAL DEVELOPMENT AND RWS AND S DEPARTMENT A.P. SECRETARIAT BUILDING VELAGAPUDI AMARAVATHI.-522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT A.P. SECRETARIAT BUILDING VELAGAPUDI, AMARAVATHI.-522237 3. THE DISTRICT COLLECTOR, AT NANDYAL NANDYAL DISTRICT.- 518501 4. THE CHIEF ENGINEER, PANCHAYATH RAJ DEPARTMENT AT VIJAYAWADAKRISHNA DISTRICT.-520001 5. THE SUPERINTENDINGENGINEER, PANCHAYATH RAJ DIVISION AT NANDYAL, NANDYAL DISTRICT.-518501 6. THE EXECUTIVE ENGINEER, PANCHAYATH RAJ DIVISION AT NANDYAL NANDYAL DISTRICT.-518501 ...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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the work executed by the petitioner Providing for I) Providing Internal CC roads from Gandham Tulasireddy (H) to Gandham Shankar Reddy (H) and other streets at R.Kothapalli (V) H/O R.Nagulavaram Village of Rudravaram (M), Nandyal (Dist) as per Agreement No. /2023-24 dated 17.10.2023 for an amount of Rs. 3,98,309/- II) Providing CC Road from Ontela Gnanepu (H) to T.Yesupu (H) and other streetsin SC Colony at Kotakandukur (V) of Allagadda (M) Nandyal (Dist) as per Agreement No.301 /2023-24 dated 22.11.2023 for an amount of Rs. 2,98,685.40/- III) Construction of CC road from Kondareddy gari Lakshamma field to Golden function Hall and other streets in uyyalawada (Vand M) as per Agreement No. 532/2023-24 dated 11.03.2024 for an amount of Rs. 4,94,450/- IV) Construction of cc road from Ambati chinna Sunkannafield to kondareddy gari lakshamma field and other streets in Uyyalawada Vryfand M Nandyal (Dist) as per Agreement No. 531/2023-24 dated 11.03.2024 for an amount of Rs. 4,97,276/-V) Construction of cc road from Golden function hall to BCSR School and other streets in Uyyalawada V and M, Nandyal (Dist) as per Agreement No. 533/2023-24 dated 11.03.2024 for an amount Rs 4,97,521/- and VI) Construction of cc road from BCSR School entrance to Venugopal Swamy Asramam and other streets in Uyyalawada V and ,M, Nandyal (Dist) as per Agreement No.534/2023-24 dated 11.03.2024 for an, amount of Rs.4,96,769/-, for the 6 works totaling an amount of Rs. 26,83,010/- as illegal arbitrary and contrary to law and is unconstitutional and violation of Articla 14 of Constitution of India and consequently direct the respondents to release an amount of Rs.26,83,01D/-with 18percent per annum to the petitioner in respect of the execution of aforementioned works forthwith 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 to direct the respondents to release an amount of Rs. 26,83,010/- with interest at 18% for the work executed by the petitioner Providing I) Providing Internal CC roads from Gandham Tulasireddy (H) to Gandham Shankar Reddy (H) and other streets at R.Kothapalli (V) H/O R.Nagulavaram Village of Rudravararn (M Nandyal (Dist) as per Agreement No. /2023-24 dated 17.10.2023 for an amount of Rs. 3,98,309/- II) Providing CC Road from Ontela Gnanepu (H) to T.Yesupu (H) and other streets in SC Colony at p. 3 Kotakandukur (V) of Allagadda (M) Nandyal (Dist) as per Agreement No.301 /2023-24 dated 22.11.2023 for an amount of Rs. 2,98,685.40/- III) Construction of CC road from Kondareddy gari Lakshamma field to Golden function Hall and other streets in uyyalawada (V&M) as per Agreement No. 532/2023-24 dated 11.03.2024 for an amount of Rs.4,94,450/- IV) Construction of cc road from Ambati chinna Sunkanna field to kondareddy gari lakshamma field and other streets in Uyyalawada V & M Nandyal (Dist) as per Agreement No. 531/2023- 24 dated 11.03.2024 for an amount of Rs. 4,97,276/- V) Construction f cc road from Golden function hall to BCSR School and other, streets. in Uyyalawada V & M, Nandyal (Dist) as per Agreement No. 533/2023-24,•dated 11.03.2024 for an amount of Rs. 4,97,521/-, and VI) Construction._ of cc ;road from BCSR School entrance to Venugopal Swamy Asramam and other streets in Uyyalawada V & M Nandyal (Dist) as per Agreement No.534/2023-24 dated 11.03.2024 for an amount of Rs. 4,96,769/- and to pass such Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following order: Heard, learned counsel for the petitioner, and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.26,83,010/- payable to the petitioner in relation to the works executed i.e., 1) Providing Internal CC roads from Gandham Tulasireddy (H) to Gandham Shankar Reddy (H) and other streets at R.Kothapalli (V) H/O R.Nagulavaram Village of Rudravararn (M Nandyal (Dist) as per Agreement No. /2023-24 dated 17.10.2023, 2) Providing CC Road from Ontela Gnanepu (H) to T.Yesupu (H) and other streets in SC Colony at Kotakandukur (V) of Allagadda (M) Nandyal (Dist) as per p. 4 Agreement No.301/2023-24 dated 22.11.2023, 3) Construction of CC road from Kondareddy Gari Lakshamma field to Golden function Hall and other streets in Uyyalawada (V&M) as per Agreement No.532/2023-24 dated 11.03.2024, 4) Construction of CC road from Ambati Chinna Sunkanna field to Kondareddy Gari Lakshamma field and other streets in Uyyalawada V & M Nandyal (Dist) as per Agreement No.531/2023-24 dated 11.03.2024, 5) Construction of CC road from Golden function hall to BCSR School and other, streets in Uyyalawada V & M, Nandyal (Dist) as per Agreement No.533/2023- 24, dated 11.03.2024 and 6) Construction of CC road from BCSR School entrance to Venugopal Swamy Asramam and other streets in Uyyalawada V & M Nandyal (Dist) as per Agreement No.534/2023-24 dated 11.03.2024, as illegal and arbitrary. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PR Division, Nandyal –6th respondent dated 23.03.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.26,86,081/- and the net amount payable to the petitioner after statutory deductions of Rs.2,98,897/-, is Rs.23,87,184/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Learned counsel for the petitioner endorses the same. Learned counsel submits that the deficit Court Fee of Rs.500/- is paid, and the memo along with e-Pay receipt is filed vide USR No.36615/2026. 7. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner’s entitlement for Rs.23,87,184/-. Since the amount payable is admitted and undisputed, the writ p. 5 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.” 8. Given the instructions furnished by the Executive Engineer, PR Division, Nandyal –6th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.23,87,184/- (Rupees Twenty Three Lakhs Eighty Seven Thousand One Hundred and Eighty Four only) payable to the petitioner regarding execution of 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: 24.03.2026 SNI p. 6 1 2025 SCC online SC 1400 159 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36699 of 2025 Date: 24.03.2026 SNI