APHC010329442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17515/2026 Between: 1. SAI RAM INFRA, REP. BY ITS PROPRIETOR ALLA SIVA NAGESWARA RAO, S/O.ANJANEYULU, AGED ABOUT 41 YEARS, OCC CONTRACTOR, R/O.FLAT NO.102, A-BLOCK, BHEEMINENI ESTATE, 3RD LINE, SHAMALANAGAR, GUNTUR, GUNTUR DISTRICT, PINCODE 522006. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, 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 MANAGING DIRECTOR, AP STATE HOUSING CORPORATION LIMITED (APSHCL), PLOT NO 11 AND 12, BEHIND BSNL TELEPHONE EXCHANGE, AUTO NAGAR, VIJAYAWADA, PINCODE 520007 4. THE DISTRICT COLLECTOR, / EXECUTIVE DIRECTOR, APHCL, GUNTUR, GUNTUR DISTRICT, PINCODE 522004. 5. THE PROJECT DIRECTOR, AP STATE HOUSING CORPORATION LIMITED (APSHCL), GUNTUR, GUNTUR DISTRICT, PINCODE 522004. 6. THE EXECUTIVE ENGINEER, (PR) PIU DIVISION, GUNTUR, GUTNUR DISTRICT, PINCODE 522001. ...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 SRK, J W.P.No.17515 of 2026 2 appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.10,04,372/- vide M Book No. 198/ C/ PRI/ 2016-2017, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Levelling of House sites in Phase-I Layouts in Ganikapadi (V) of Prathipadu (M), vide Agreement No. /2022- 23, dated 06.07.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.10,04,372/- vide M Book No. 198/ Cl PR. 2016-2017 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.10,04,372/- vide M Book No. 198/ C/ PRI/ 2016-2017 to the petitioner in respect of execution of works i.e. Levelling of House sites in Phase-I Layouts in Ganikapadi (V) of Prathipadu (M), vide Agreement No. /2022-23, dated 06.07.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR 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.17515 of 2026 3 O R D E R This Writ Petition is filed seeking the following relief: “….to issue Writ of Mandamus or any other appropriate Writ or direction declaring the action of the respondents in not releasing the amount of Rs.10,04,372/- vide M Book No.198/C/PRI/2016- 2017, even after finalizing the bills, payable to the petitioner in relation to the works i.e. Leveling of House sites in Phase-I Layouts in Ganikapadi (V) of Prathipadu (M), vide Agreement No. /2022- 23, dated 06.07.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay an amount of Rs.10,04,372/- vide M Book No.198/C/PRI/2016-2017 to the petitioner in respect of execution of above mentioned work forthwith and pass such other order or orders …” 2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development representing respondent Nos.1 and 6, learned Assistant Government Pleader for Finance and Planning, representing respondent No.2 and the learned Standing Counsel for the Andhra Pradesh State Housing Corporation Limited, representing respondent Nos.3 to 5. 3. The Writ Petitioner, which is a firm, claims to have attended the civil contract works. It was entrusted with the work of leveling of house sites in Phase-I Layouts in Ganikapadi (V) of Prathipadu (M). The Writ Petitioner firm and respondent No.6 entered into an Agreement vide No. /2022-23, dated 06.07.2022. The Writ SRK, J W.P.No.17515 of 2026 4 Petitioner firm carried out the works and completed the same within the prescribed time. The respondent No.6 inspected the work, admitted the bill amount of Rs.10,04,372/- and entered in the M Book vide No.198/C/PRI/2016-2017. (b) It is the grievance of the Writ Petitioner firm that though it executed the entire work within time, an amount of Rs.10,04,372/- was kept pending by the respondent authorities. Even the Writ Petitioner firm approached the respondent authorities on multiple occasions, requesting for payment of pending bill amount of Rs.10,04,372/-, they are not paying the said sum. According to Writ Petitioner firm, 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. 4. Today when the matter is taken up for hearing, learned Standing Counsel for the Andhra Pradesh Housing Corporation, representing respondent Nos.3 to 5, on written instructions received from the District Head Housing (FAC), Guntur, submits that the Writ Petitioner firm executed the subject work, and it is entitled to an SRK, J W.P.No.17515 of 2026 5 amount of Rs.10,04,372/- after statutory deductions to a tune of Rs.1,85,604/-. Learned Standing Counsel further submits that the BRO Proposals through Annexure-I are yet to be received from the Executive Engineer (PR), Guntur, and soon after receipt of the budget proposals from the Executive Engineer, (PR), Guntur, the same will be submitted to the MD, Andhra Pradesh State Housing Corporation Limited, Vijayawada for the releasing the budget. 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 work and even as per the respondent Nos.3 to 5, the Writ Petitioner firm is entitled to an amount of Rs.10,04,372/-. Therefore, since the amount payable to the Writ Petitioner firm, 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 1 2025 SCC OnLine SC 1400. SRK, J W.P.No.17515 of 2026 6 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 amount, as admitted by the respondent Nos.3 to 5 in the written instructions submitted by the District Head Housing (FAC), Guntur, to a tune of Rs.10,04,372/- (Rupees Ten Lakhs Four Thousand Three Hundred and Seventy Two only) to the Writ Petitioner within a period of Three (3) months from the date of receipt of a copy of this order. 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 24th July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓