Extracted from the PDF above. The PDF is authoritative.
APHC010245292026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13162/2026 Between:
1. KARRI TAMMI REDDY, S/O. VENKATA REDDY AGED ABOUT 55 YEARS, MACHAVARAM RAYAVARAM MANDAL, EAST GODAVARI DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT A. P.SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238
3. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION RAMACHANDRAPURAM 533255
4. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES SUB- DIVISION RAMACHANDRAPURAM 533255
5. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES SECTION RAMACHANDRAPURAM 533255
...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus Writ of Mandamus declaring the action of
the Respondents in withholding the admitted bill amount viz., for Removal of weed growth in Machavaram New and Gayyalu channels in irrigation section Ramachadrapuram as per the agreement vide Agreement No. 86 D/23-24 dated 20-09-2023for final bill an amount of Rs.2,00,175 /- as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amount of Rs. 2,00,175/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution work in terms of Agreement for Removal of weed growth in Machavaram New and Gayyalu channels in irrigation section Ramachadrapuram and pass 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 direct the respondents to forthwith consider for payment of Rs.
2,00,175/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for Removal of weed growth in Machavaram New and Gayyalu channels in irregiation section Ramachadrapuram as per the agreement vide Agreement No. 86 D/23-24dated 20-09-2023 for an amount of Rs.2,00,175 /- pending disposal of the main writ petition and pass Counsel for the Petitioner:
1. B.SUDHAKAR KUMAR Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
2. GP FOR FINANCE PLANNING The Court made the following:
::ORDER ::
The above writ petition was filed to declare the action of the respondent authorities in withholding the payment of the bill amount of Rs.2,00,175/- in relation to the work executed by the petitioner i.e. Removal of weed growth in Machavaram New and Gayyalu channels, pursuant to Agreement No.86 D/2023-24, dated 20.09.2023, as illegal and arbitrary. Page 3 of 5
2. Heard Sri B. Sudakar Kumar, learned counsel for the petitioner, and Sri S. Satish, the learned Assistant Government Pleader for Irrigation and Finance & Planning Department, appeared for the respondents. 3. Learned counsel for the petitioner would submit that pursuant to the agreement dated 20.09.2023, the petitioner has executed the aforementioned work and the same was verified by the respective authorities, as per the timelines stipulated in the agreement. However, the amount has not been paid so far. 4. Today, when the matter is taken up, Sri S. Satish, the learned Assistant Government Pleader for Irrigation and Finance & Planning Department, appearing for the respondents, submitted the written instructions of the Executive Engineer, Godavari Eastern Division, Ramachandrapuram – respondent No.3. 5. A perusal of the said instructions indicates that the petitioner has executed the aforementioned work, and the net amount payable to the petitioner is Rs.2,00,175/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned work and the petitioner’s entitlement for Rs.2,00,175/-. 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
1 2025 SCC online SC 1400
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 instruction, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.2,00,175/- payable to the petitioner regarding execution of the aforementioned works, within two (02) months from the date of receipt of the copy of this order. With respect to the interest component concerned, the petitioner is at liberty to approach the appropriate forum. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 17.06.2026 TVN
39 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 13162 of 2026
Date: 17.06.2026 TVN