APHC010709062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36851/2025 Between: 1. THATHI REDDY MURUGA REDDY, S/O. LATE DHAMA REDDY, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. D.NO.7-21, BANGAREDDY KANDRIGA, SEETARAMAPURAM, VADAMALAPETA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 522 238 2. THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLE, GUNTUR DISTRICT. 522 501 3. THE DISTRICT COLLECTOR PANCHYATRAJ WING, CHITTOOR, CHITTOOR DISTRICT. 517 001 4. THE EXECUTIVE ENGINEER, PR DIVISION, TIRUPATI, CHITTOOR DISTRICT. 517 501 5. BALINAIDU KANDRIGA GRAM PANCHAYAT, REP.BY ITS SECRETARY, VADAMALAPETAMANDAL, CHITTOOR DISTRICT. 517 645 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCEC AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522 238. ...RESPONDENT(S): Page 2 of 5 SRS,J W.P.No.36851 of 2025 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 pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in withholding an amount of Rs. 1,11,152/- (SDF) vide M.Book No.445-B,/17-2018 in respect of work for 1). Construction of CC road at Bangareddy kandriga of Vadamalapeta Mandal, (SDF) vide agreement. dt 01.03.2019, and 2). Rs.1,09,300/- (SDF), vide M./Book No.209-B/17-18 in respect of work Construction of CC road at bangareddy kandriga ST of Vadamalapeta Mandal, Chittoor District vide agreement dt 01.03.2019, for totally an amount of Rs.2,20,452/- as the same is illegal, arbitrary and consequently direct he respondents to clear the bills total an amount of Rs. 1,11,152/ - (SDF) and 2). Rs. 1,09,300/- (SDF), totally an amount of Rs.2,20,452/- with interest @ 24 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 Please to direct the respondents to consider for payment an amount of Rs. 1,11,152/- (SDK) vide M.Book No.445-B,/17-2018 in respect of work for 1). Construction of CC road at Bangareddy kandriga of Vadamalapeta Mandal, (SDF) vide agreement. dt 01.03.2019, and Rs. 1,09,300/- (SDF), vide M./Book No.209-B/17-18 in respect of work Construction of CC road at Bangareddy Kandriga ST of Vadamalapeta Mandal, Chittoor District vide agreement dt 01.03.2019, for totally an amount of Rs.2,20,452/- forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: Page 3 of 5 SRS,J W.P.No.36851 of 2025 :: ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.2,20,452/- in connection with work vide I.D.Nos.M.Book No.445-B,/17-2018 in respect of work for construction of CC road at Bangareddy Kandriga of Vadamalapeta Mandal, (SDF) vide agreement dated 01.03.2019, and M.Book No.209-B/17-18 in respect of work for construction of CC road at Bangareddy Kandriga ST of Vadamalapeta Mandal, Chittoor District vide agreement dated 01.03.2019, as illegal and arbitrary. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for respondents 1 to 6. 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, P.R.Division, Tirupati – respondent No.4. 4. A perusal of the said instructions would disclose that the petitioner has executed the work in connection with the aforementioned ID numbers. It would further indicate that in respect of work I.D.Nos.M.Book No.445-B,/17-2018 and M.Book No.209-B/17-18, part payment has already been made, and the Page 4 of 5 SRS,J W.P.No.36851 of 2025 balance amount payable to the petitioner is Rs.2,02,516/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as per the instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.2,02,516/-. 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 of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 6. Given the instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.2,02,516/- payable to the petitioner regarding execution of the aforementioned work IDs, within two (02) 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: 30.01.2026 S D P 1 2025 SCC online SC 1400 Page 5 of 5 SRS,J W.P.No.36851 of 2025 229 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36851/2025 Date: 30.01.2026 S D P