Date of reserved for orders: --- Date of pronouncement : 08.07.2026 Date of uploading : 08.07.2026 APHC010155322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8790/2026 Between: 1. SAYAM SAI AVINASH,, S/O. S.SRINIVAS RAO, AGED ABOUT 29 YEARS, OCC. CONTRACTOR, R/O.5-138, RAMALAYAM STREET, NEMAM VILLAGE, KAKINADA RURAL MANDAL, KAKINADA DISTRICT -533005. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- 522237. 3. THE COMMISSIONER, COMMAND AREA DEVELOPMENT AUTHORITY, VIJAYAWADA, NTR DISTRICT - 520003. Page 2 of 5 4. THE EXECUTIVE ENGINEER, YELERU IRRIGATION DIVISION, PEDDAPURAM, KAKINADA DISTRICT-533437. ...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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted amount of Rs.1,06,560/- (Rupees One Lakh Six Thousand and Five Hundred Sixty only) as per M.Book No.579-A in respect of work Desilting of Para calva from Kothapalli Village of U.Kothapalli Mandal as illegal, irregular, arbitrary, highhanded ma/a fide and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release an amount of Rs.1,06,560/- (Rupees One Lakh Six Thousand and Five Hundred Sixtyonly) along with 12percent interest from the date of completion of the work to till the date of realization forthwith 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 to direct the respondents to release a sum of Rs.1,06,560/- (Rupees One Lakh Six Thousand and Five Hundred Sixtyonly) as per M.Book No. 579-A in respect of work "Desilting of Para calva from Kothapalli Village of U.Kothapalli Mandal" forthwith to the Petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO 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 not releasing the amount of Rs.1,06,560/- payable to the petitioner for execution of work in pursuance of agreement No.43/2020-2021, dated 29.12.2020, as illegal and arbitrary. 2. Counter affidavit was filed on behalf of the 4th respondent while admitting about the work done by the petitioner within stipulated period. It was further contended that budget is required for processing the bills in Nidhi Portal in this financial year of 2026-27. The above work is completed and the final bill is ready for submission in Nidhi portal for the work done value. 3. Heard Sri B.Jaya Prabhakara Rao, learned counsel for the petitioner, and Sri S.Satish, the learned Assistant Government Pleader for Irrigation and Finance & Planning Department, for the respondents. 4. Learned counsel for the petitioner would submit that pursuant to the aforementioned agreement, the petitioner has executed the work, „Desilting of Para calva from Kothapalli village of U.Kothapalli Mandal”, as per the timelines stipulated in the agreement and the same was verified by the respective authorities. However, the amount has not been paid so far. 5. Sri S.Satish, the learned Assistant Government Pleader for Irrigation and Finance & Planning Department, appearing for the respondents, would submit that 4th respondent issued and signed in M.Book on 27.06.2022 for an amount of Rs.1,06,560/- including the tender premium of (-) 6.39% and Quality control certificate was issued on 28.06.2022 for an amount of Rs.99,751/-. The department has admitted the bill amount of Rs.99,751/-, excluding the tender premium and will be uploaded whenever the budget is available. 6. Learned Assistant Government Pleader submitted that the petitioner is not entitled to interest. He placed reliance on the order, dated 11.02.2025, in W.A.No.60 of 2025 passed by the Division Bench of this Court. 7. Thus, as seen from the counter affidavit filed by the 4th respondent, there is no dispute regarding the execution of work and the petitioner‟s entitlement to the aforementioned amount. 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.”. 1 2025 SCC OnLine SC 1400 8. Given the counter affidavit filed on behalf of the 4th respondent, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner the Writ Petition is disposed of, directing the respondents to release an amount of Rs.99,751/- (Rupees Nineteen Thousand Seven Hundred and Fifty One only) payable to the petitioner regarding execution of the aforementioned works, subject to deductions, if any, within two (02) months from the receipt of the copy of this order. Insofar as the interest component is concerned, the petitioner is at liberty to approach the civil court or appropriate forum, given the directions in W.A.No.60 of 2025 dated 11.02.2025. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No