Date of reserved for orders: --- Date of pronouncement : 08.07.2026 Date of uploading : 10.07.2026 APHC010149782026 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: 8024/2026 Between: 1. KALLAM SUBBA REDDY, S/O. K RADHA REDDY, AGED ABOUT 70 YEARS, OCC CONTRACTOR, R/O. 3-111, YSR CENTRE, KALLAM VEERA REDDY STREET TADEPALLI, GUNTUR DISTRICT, PINCODE. 522501. . ...PETITIONER AND 1. THES STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF IRRIGATION (WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE. 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, GUNTUR, GUNTUR DISTRICT, PINCODE. 522004. 4. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, REPALLE, GUNTUR DISTRICT, PINCODE. 522265. 5. THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE SUB DIVISION, TENALI, GUNTUR DISTRICT, PINCODE. 522201. ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,44,931/- vide M Book N0.1391 DDRPL, even after finalizing the bills, payable to the petitioner in relation to the works Le., O and M Reinova.1 of weed growth in DRBCC medium drain from Km 0.000 to 10.500, Kolakaluru No.l Medium drain and Kopalle Affluent medium drain, vide Agreement No. 32/2022- 23, dated 10.08.2022 is questioned, as the same is illegal. arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,44,931/- vide M Book NO. 1391 DDRPL with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work 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 pay for payment of amount of Rs.4,44,931/- vide M Book NO.i391 DDRPL with interest @24% per annum for the delayed amount to the petitioner in respeet of execution of works i.e. O&M - Removal of weed growth 0.000 to 10.500,in DRBCC medium drain from Km: Kolakaluru No.l Medium drain and Kopalle Affluent medium vide Agreement No. 32/2022-23, dated 10.08.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA 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.4,44,931/- payable to the petitioner for execution of work in pursuance of agreement No.32/2022-2023, dated 10.08.2022, as illegal and arbitrary. 2. Heard Ms.Bhavya, learned counsel representing Smt.Modapothula Sumalatha, learned counsel for the petitioner and Sri S.Satish, learned Assistant Government Pleader for Irrigation and Finance & Planning Department, for the respondents. 3. Learned counsel for the petitioner would submit that pursuant to the aforementioned agreement, the petitioner has executed the work, „O & M such as Removal of Weed growth in DRBBC Medium drain from KM 0.000 to KM 10.500, Kolakaluru No.1 medium drain and Kopelle Affluent medium drain, 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. 4. Today, when the matter is taken up, Sri S. Satish, learned Assistant Government Pleader for Irrigation and Finance & Planning Department, appearing for the respondents, submitted the written instructions furnished by the 4th respondent-Executive Engineer, Drainage Division, Repalle vide Lr.No.EE/DD/RPL/WP 8024 of 2026/246M, dated 07.07.2026, wherein it is stated that the gross amount of bill is Rs.4,98,821/-. It was further stated that necessary LOC proposals to be submitted to the higher authorities for release of funds to clear the above pending O&M work bill and after receipt of LOC, the bill will be uploaded in NIDHI Portal. 5. 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. 6. Thus, as seen from the instructions of 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.” 7. Given the instructions of the 4th respondent, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.4,98,821/- (Rupees Four Lakhs Ninety Eight Thousand Eight Hundred and Twenty 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 1 2025 SCC OnLine SC 1400