APHC010711822025 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: 753/2026 Between: 1. SAYMMA MAHILA GROUP, REP BY ITS ORGANIZER, BONEPALLI LAKSHMI TIRAPATAMMA, W/O VENKATESWARARAO, AGE 35 YEARS, R/O.2-67, BETHAPUDI VILLAGE, GUNTUR DISTRICT, ANDHRA PRADESH-522549. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 522237. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT NO. 12-47, P.V.S. EMPIRE, NEAR PRATUR CROSS ROAD TADEPALLI, GUNTUR DISTRICT-522501 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT- 522004. 4. THE ASSITANT ENGINEER, RWS AND S SECTION, PHIRANGIPURAM MANDAL. GUNTUR DISTRICT-522529. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT-522529. Page 2 of 6 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237. ...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 the action of the respondents in withholding amounts of Rs.13,37,638/-(Rupees Thirteen Lakh Thirty- Seven Thousand Six Hundred Thirty-Eight Only) (1) Rs. 1,91,830/-for the works done pertaining to Construction of RCC Pipe Culvert at Health center and removal of silt at Rice Mill in Gundalapadu Village of Phirangipuram mandal, Guntur District, (2) Rs.2,10,066/- for the works done pertaining to Construction of Side Drains from Ponugupadu ZP Road to Somepalli Nageswara Rao (House) in Gundalapadu Village of Phirangipuram mandal, Guntur District, (3) Rs.2,09,151/- for the work done pertaining to Construction of Side Drains from Kolia Subbarao (House) to Jammala Ramu (House) in Gundalapadu Village of Phirangipuram mandal, Guntur District. (4) Rs.2,50,975/- for the work done pertaining to Construction of Side Drains from Kambham Peda babu (House) to Gurram Venkateswarlu (House) in Gundalapadu Village of Phirangipuram Mandal, Guntur District. (5) Rs.2,52,018/- for the work done pertaining to Construction of CC Drains from Boddurai to R and B Road and Internal Drains in Gundalapadu Village of Phirangipuram Mandal, Guntur District. (6) Rs.2,23,598/- for the work done pertaining to construction of CC Drains at Internal Drains in Muslim area and Removal of Silt at SC, ST and OC Burial Grounds in Gundalapadu Village of Phirangipuram Mandal, Guntur District as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amount of Rs. 13,37,638/- (Rupees Thirteen Lakh Thirty-Seven Thousand Six Hundred Thirty- Eight Only) for the works executed by the petitioner and pass IA NO: 1 OF 2026 p. 3 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 amount of Rs. 13,37,638/- (Rupees Thirteen Lakh Thirty-Seven Thousand Six Hundred Thirty-Eight Only) for the works executed by the petitioner and pass Counsel for the Petitioner: 1. ARUN SHOWRI G Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri G. Arun Showri, 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 1, 2, 4 and 6; Ms. P. Usha, learned Assistant Government Pleader for Revenue takes notice for respondent No.3 and Sri M. Sudhir, 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.13,37,638/- (Rs.1,91,830/- + Rs.2,10,066/- + Rs.2,09,151/- + 2,50,975/- + Rs.2,52,018/- + Rs.2,23,598/-), payable to the petitioner in relation to execution of the works i.e. 1) Construction of RCC Pipe Culvert at Health center and removal of silt at Rice Mill in Gundalapadu Village of Phirangipuram Mandal, Guntur District, 2) Construction of Side Drains from Ponugupadu ZP Road to Somepalli Nageswara Rao (House) in Gundalapadu Village of Phirangipuram Mandal, p. 4 Guntur District, 3) Construction of Side Drains from Kolla Subbarao (House) to Jammala Ramu (House) in Gundalapadu Village of Phirangipuram Mandal, Guntur District, 4) Construction of Side Drains from Kambham Peda Babu (House) to Gurram Venkateswarlu (House) in Gundalapadu Village of Phirangipuram Mandal, Guntur District, 5) Construction of CC Drains from Boddurai to R and B Road and Internal Drains in Gundalapadu Village of Phirangipuram Mandal, Guntur District, 6) Construction of CC Drains at Internal Drains in Muslim area and Removal of Silt at SC, ST and OC Burial Grounds in Gundalapadu Village of Phirangipuram Mandal, Guntur District, 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.5. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a gross value of Rs.15,14,669/- and the net amount payable to the petitioner after QC Recovery and statutory deductions of Rs.4,17,201/- (Rs.3,92,372/- + Rs.24,829/-) is Rs.10,97,468/-. 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.10,97,468/-. 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 p. 5 1 2025 SCC online SC 1400 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.5, the Writ Petition is disposed of directing the respondents to release an amount of Rs. 10,97,468/- (Rupees Ten Lakhs Ninety Seven Thousand Four Hundred and Sixty Eight only) payable to the petitioner regarding execution of the aforementioned work, within four (04) 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. 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 753 of 2026 Date: 24.02.2026 IKN