APHC010718912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36854/2025 Between: 1. RAJANALA RAVI KUMAR,, S/O. NANCHARAIAH AGE 47 YEARS, OCC CONTRACTOR RIO. D.NO.19/156, BETHAVOLU, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. - 522237 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. - 522002 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. - 521 001 4. THE EXECUTIVE ENGINEER, PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. - 521 001 5. DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, PAMARU, KRISHNA DISTRICT - 521 101 6. DEPUTY EXECUTIVE ENGINEER, (P.R) VIGILANCE AND QUALITY CONTROL, SUB-DIVISION, MACHILIPATNAM, KRISHNA DISTRICT - 521 001 2 7. THE PANCHAYAT SECRETARY, VENTRAPRAGADA GRAM PANCHAYAT, PEDAPARUPUDI MANDAL, PRAKASAM DISTRICT. 523 001 8. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522 237 9. A.P.STATE HOUSING CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR, VIJAYAWADA, ANDHRA PRADESH ...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in non- payment of amounts of Rs. Rs.21,25,3081-, due even after finalizing the bills, payable to me after the successful execution of works covered by Work ID 064009LA105011 and. M-Book No's 3425B/2018-19 and 3426B/2018-19 pursuant to the works executed for providing approach roads and internal roads in the YSR Jagananna Housing Colony respectively at Ventrapragada Village, Pedaparupudi Mandal, Krishna District, despite clearance by the Quality Control authorities recording satisfactory execution of the works as illegal, irregular, arbitrary and violative of Articles 14, 21 and 300- A of Constitution of India and consequen ly direct the respondents to consider the payment of amounts due to the petitioner in respect of execution of said works forthwith 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 pay the amounts payable to me for the execution of works covered by Work ID: 064009LA105011 and M-Book No's: 3425B1 2018-19 and 3426B/2018-19 for providing approach roads and internal roads in the YSR Jagananna Housing Colony respectively at Ventrapragada Village, Pedaparupudi Mandal, Krishna District, immediately, pending disposal of the main writ petition 3 IA NO: 1 OF 2026 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 permit me to implead proposed respondents Nos. 9 as party/respondent Nos. 9 to the main Writ Petition in W.P No.36854 of 2025 and pending Interlocutory Applications therein, in the interest of justice and pass Counsel for the Petitioner: 1. PASALAPUDI SATYA HARITHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 4. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Ms. Pasalapudi Satya Haritha, learned counsel for the petitioner, P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1, 2, 4 to 6 and 8, Ms. Usha, learned Assistant Government Pleader for Revenue for the 3rd respondent and Sri Y.Koteswara Rao, learned Standing counsel for the 7th respondent. 2. The above writ petition was filed to declare the action of the respondents in withholding the amount of Rs.21,25,308/- in relation to the works executed by the petitioner i.e., Providing Approach road to YSR Jagan Anna colony in Ventrapragada Gram Panchayat of Pedaparupudi Mandal and 4 Providing Internal roads to YSR Jagan Anna colony in Ventrapragada Gram Panchayat of Pedaparupudi Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Executive Engineer, PRI Division, Machilipatnam – 4th respondent dated 05.01.2026, wherein it is stated as follows: “The work was sanctioned by District Collector, Krishna for Housing Department & 1st and Final bill submitted to the District Head Housing, Machilipatnam on 19.12.2022 for making payment. The amount to be paid to the petitioner is Rs.19,04,037/- including Statutory recoveries of Rs.2,21,271/-. It is to submit that this respondent No.4 is ready to make payment to the petitioner soon after receipt of budget from the Managing Director, AP State Housing Corporation, Vijayawada.” 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.21,25,308/-. After QC recovery of Rs.2,21,271/-, the balance amount payable to the petitioner comes to Rs.19,04,037/-. 5. In reply, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.19,04,037/-. 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.19,04,037/- payable to the petitioner. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal 5 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.19,04,037/- (Rupees Nineteen Lakhs Four Thousand and Thirty Seven only) payable to the petitioner regarding execution of the aforementioned works, 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: 20.02.2026 SNI 1 2025 SCC online SC 1400 6 108 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36854 of 2025 Date: 20.02.2026 SNI