APHC010329212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 18022/2026 Between: 1. P. VENKATESWARA REDDY, S/O P. LALI REDDY AGE 50 YEARS OCC CONTRACTOR R/O. H.NO.3-23, DEVANABANDA VILLAGE PATTIKONDA MANDAL KURNOOL DISTRICT ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT AND R.W.S AND S DEPARTMENT A.P. SECRETARIAT VELAGAPUDI AMARAVATI.-522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI AMARAVATHI.-522238 3. THE A P STATE HOUSING CORPORATION LIMITED, REP BY ITS MANAGING DIRECTOR O/0 PLOT NO.11 AND 12 BEHIND BSNL TELEPHONE EXCHANGE AUTO NAGAR VIJAYAWADA N.T.R. DISTRICT.-520001 4. THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL-518001 5. THE PROJECT DIRECTOR, A.P.STATE HOUSING CORPORATION LIMITED O/O AT KURNOOL KURNOOL DISTRICT-518001 6. THE SUPERINTENDING ENGINEER, PANCHAYATI RAJ DEPARTMENT ENGINEERING DIVISION KURNOOL, KURNOOL DISTRICT.-518001 7. THE EXECUTIVE ENGINEER, PANCHAYATI RAJ DEPARTMENT PR (PRI) DIVISION AT ADONI KURNOOL DISTRICT.-518301 8. THE EXECUTIVE ENGINEER, PANCHAYATI RAJ SRK, J W.P.No.18022 of 2026 2 DEPARTMENT PR(PRI) DIVISION AT KURNOOL KURNOOL DISTRICT-518001 ...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 in the nature, of a Writ of Mandamus declaring the action of the respondents in not releasing the payments for the works executed by the petitioner for Providing Approach Road for Layout No. 5 (Survey No. 616) of YSR Jagananna Colony at Pattikonda (V M) Kurnool District as per Agreement No. /2022-23 dated 22.04.2022 for an amount of Rs. 9,27,843/-, as being illegal, arbitrary, and contrary to law, and as constituting a violation of Articles 14 and 21 of the Constitution of India and Consequently direct the respondents to release an amount of Rs. 9,27,843/- with interest at 18 per annum to the petitioner 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 an amount of Rs. 9,27,843/- with interest at 18% for the work executed by the petitioner Providing (i) Providing Approach Road for Layout No. 5 (Survey No. 1616) of YSR Jagananna Colony at Pattikonda (V&M) Kurnool District as per Agreement No. /2022-23 dated 22.04.2022 for an amount of Rs. 9,27,843/-, and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 3. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.18022 of 2026 3 O R D E R Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, representing respondent Nos.1, 4, 6 to 8, learned Assistant Government Pleader for the Finance, representing respondent No.2, and learned Standing Counsel for the Andhra Pradesh State Housing Corporation Limited, representing respondent Nos.3 and 5. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the payments for the works executed by the petitioner for providing Approach Road for Layout No.5 (Survey No.616) of YSR Jagananna Colony at Pattikonda (V&M), Kurnool District as per the Agreement No._ /2022-23, dated 22.04.2022 for an amount of Rs.9,27,843/-, as illegal and arbitrary, and consequently direct the respondents to release an amount of Rs.9,27,843/- with interest at 18% per annum to the petitioner and pass such other order or orders …” 3. The Writ Petitioner claims to be a Civil Contractor. Pursuant to the Proceedings vide Rc.No.112/AM(Eng)/ Infra (Approach Road) Levelling/2021, dated 13.02.2022 issued by the respondent No.4, the respondent authorities under the OTS Grant for the Financial Year 2022-2023, entrusted the contract work of SRK, J W.P.No.18022 of 2026 4 providing approach road for Layout No.5 (Survey No.616) of YSR Jagananna Colony at Pattikonda (V&M), Kurnool District, to the Writ Petitioner, with an estimated cost of Rs.14.00/12.00 lakhs, as per the Agreement No.__/2022-23, dated 22.04.2023 executed by 7th respondent. Accordingly, the Writ Petitioner executed the work and upon completion of work, 6th respondent duly measured the same and recorded in M-Book for an amount of Rs.9,27,843/-. Initially, the said work was sanctioned by 7th respondent, but due to change of Pathikonda Sub-Division, the file was transferred to 8th respondent. (b) It is the grievance of the Writ Petitioner that though he executed the entire work within time, an amount of Rs.9,27,843/- was kept pending by the respondent authorities. Even the Writ Petitioner approached the respondent authorities on multiple occasions, requesting for payment of aforesaid pending bill amount, they are not doing so. According to Writ Petitioner, having executed the work satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. SRK, J W.P.No.18022 of 2026 5 4. Today when the matter is taken up for hearing, learned Standing Counsel for the Andhra Pradesh Housing Corporation Limited, representing respondent Nos.3 and 5, on written instructions received from the District Head-APSHCL, Kurnool, submits that the Writ Petitioner executed the work as per the agreement and the total gross amount for the work executed by the Writ Petitioner is Rs.10,15,499/-, and after statutory recoveries such as Income Tax, QC Recovery etc., aggregating to Rs.87,657/-, the Writ Petitioner is entitled to a net amount of Rs.9,27,843/-. Learned Standing Counsel further submits that the Division Head, Housing, Kurnool and the District Head Housing, Kurnool District have to visit the work and after recording the details in Annexure-I, they have to submit the same to 4th respondent-the District Collector/ Executive Director, Kurnool, for getting approval. Therefore, soon after receipt of the approval from 4th respondent, necessary budget approvals would be submitted to the Managing Director, APSHCL, Vijayawada, and therefore, he seeks Four (04) months’ time to pay the amount to the Writ Petitioner. The written instructions are placed on record. 5. A perusal of the written instructions goes to show that there is no dispute with regard to execution of works and the Writ Petitioner’s entitlement to a tune of Rs.9,27,843/-. Therefore, since SRK, J W.P.No.18022 of 2026 6 the amount payable to the Writ Petitioner, is admitted and undisputed, the Writ Petition is maintainable. In M/s. Utkal Highways Engineers and Contractors v. Chief General Manager & Ors.1, it was held as under: (Paragraph No.8) “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.” 6. Having regard to the entire facts and circumstances of the case, the respondent authorities are directed to pay the net amount/admitted amount to a tune of Rs.9,27,843/- (Rupees Nine Lakhs Twenty Seven Thousand Eight Hundred and Forty Three only) to the Writ Petitioner within a period of Three (3) months from the date of receipt of a copy of this order. 1 2025 SCC OnLine SC 1400. SRK, J W.P.No.18022 of 2026 7 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 21st July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓