APHC010335872026 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: 17995/2026 Between: 1. YEKULA APPALA RAJU,, S/O. SIMMANNA, AGED 59 YEARS, OCC CONTRACTOR, RIO. H.NO. 3-244, ADARSA NAGAR, VISAKHAPATNAM RURAL, VISAKHAPATNAM DISTRICT. ...PETITIONER A N D 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. - 522238 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. - 522238 3. ANDHRA PRADESH STATE HOUSING CORPORATION LTD, AUTO NAGAR, APSHCL HEAD OFFICE, VIJAYAWADA, REPRESENTED BY ITS MANAGING DIRECTOR. - 520007 4. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. - 535001 5. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, VIZIANAGARAM DISTRICT, VIZIANAGARAM. - 535001 6. EXECUTIVE ENGINEER, PANCHAYAT RAJ P.I.U. DIVISION, VIZIANAGARAM, VIZIANAGARAM DISTRICT. - 535001 7. THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD, VIZIANAGARAM DISTRICT, VIZIANAGARAM. - 535001 8. THE DISTRICT HEADHOUSING, VIZIANAGARAM DISTRICT, VIZIANAGARAM. - 535001 ...RESPONDENT(S): SRK, J W.P.No.17995 of 2026 2 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs.8,74,429/- even after finalizing the bills, payable to the petitioner in relation to the works under NPI Programme, APSHCL Grant i.e., Construction of Approach road including CD works to Jagananna Colony at Alladapalem, Pusapatirega Mandal, Vizianagaram District vide Layout ID No. 02253LA103716 through the Agreement No.63 /2022-2023, dated 12- 09-2022 for an amount of Rs.8,74,429/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs.8,74,429/- to the petitioner in respect of execution of above- mentioned work forthwith and pass such 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 consider for payment of amount of Rs.8,74,429/- to the petitioner in respect of execution of works under NPI Programme, APSHCL Grant i.e., Construction of Approach road including CD works to Jagananna Colony at Alladapalem, Pusapatirega Mandal, Vizianagaram District vide Layout ID No. 02253LA103716 through the Agreement No.63/2022-202 3, dated 12-09-2022 for an amount of Rs.8,74,429/- forthwith pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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.17995 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, 5 and 6, 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, 7 and 8. 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 withholding the payment of balance of Rs.8,74,429/- even after finalizing the bills, payable to petitioner in relation to the works under NPI Programme, APSHCL Grant i.e. Construction of approach road including CD works to Jagananna Colony at Alladapalem, Pusapatirega Mandal, Vizianagaram District vide Layout ID No.02253LA103716 through the Agreement No.63/2022-2023, dated 12.09.2022 for an amount of Rs.8,74,429/-, as illegal and arbitrary, and consequently direct the respondents to consider for payment of amount of Rs.8,74,429/- to the petitioner in respect of execution of aforesaid work forthwith and pass such other order or orders…” 3. The Writ Petitioner claims to be a Civil Contractor. The Writ Petitioner was the successful bidder of the e-Procurement Tender under NPI Programme, APSHCL Grant, issued by the SRK, J W.P.No.17995 of 2026 4 respondent No.6, for construction of approach road including CD work to Jagananna Colony at Alladapalem, Pusapatirega Mandal, Vizianagaram District with an estimation cost of Rs.24.00 lakhs vide Layout ID No.02253LA103716 through the Agreement No.63/2022- 2023, dated 12.09.2022. After receipt of Letter of Acceptance (LoA), the Writ Petitioner carried out the construction work and completed the same within the prescribed time. The respondent Nos.5 to 8 and other Engineers inspected the work and entered the same in the Measurements Book and prepared bills in respect of the work done to a tune of Rs.8,74,429/-. (b) It is the grievance of the Writ Petitioner that though he executed the entire work within time, an amount of Rs.8,74,429/- 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.17995 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, 7 and 8, on written instructions received from the District Head-Housing (FAC), Vizianagaram-8th respondent, submits that the total value of the work done by the Writ Petitioner is Rs.10,21,532/-, and after statutory recoveries such as Income Tax, QC Recovery etc., aggregating to Rs.75,234/-, the Writ Petitioner is entitled to an amount of Rs.9,46,298/-. Learned Standing Counsel further submits that as per the Circular instructions of the MD, APSHCL, Vijayawada on 11.09.2025, budget proposals are to be obtained from the Executive Engineer, PR (PIU) Division), Vizianagaram with certification and the proposals are to be submitted through the District Collector, Vizianagaram for releasing the budget payment to the Writ Petitioner, and therefore, he seeks Three (03) months period to process the bills through the NIDHI Portal. 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.9,46,298/-. Therefore, since the amount payable to the Writ Petitioner, is admitted and undisputed, SRK, J W.P.No.17995 of 2026 6 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 as admitted by the respondent No.8 in his written instructions to a tune of Rs.9,46,298/- (Rupees Nine Lakhs Forty Six Thousand Two Hundred and Ninety Eight only) to the Writ Petitioner within a period of Six (6) weeks 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. 1 2025 SCC OnLine SC 1400. SRK, J W.P.No.17995 of 2026 7 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 ✓