APHC010326792026 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: 17639/2026 Between: 1. B. SAL ESWARA REDDY, S/O. NARAYANA REDDY, AGED ABOUT 40 YEARS, OCC CIVIL CONTRACTOR, R/O. D.MO.20/1, REDDYVARIPALLI VILLAGE, RAYACHOTY MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT (RWS AND S) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 3. THE DISTRICT COLLECTOR, ANNAMCIYYA DISTRICT, NOW Y.S.R. KADAPA DISTRICT, KADAPA-516001. 4. THE ENGINEERINCHIEF RWS AND S, GOLLAPUJI, VIJAYAWADA, KRISHNA DISTRICT-521225. . 5. THE EXECUTIVE ENGINEER RWS AND S, RAJAMPSTA, Y.S.R. KADAPA DISTRICT-516115. 6. THE DEPUTY EXECUTIVE ENGINEER RWS AND S, SUB- DIVISION, RAJAMPETA, Y.S.R. KADAPA DISTRICT-516115. 7. THE ASSISTANT EXECUTIVE ENGINEER RWS AND S, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT-516130 ...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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill due to the petitioner despite of successful completion of work i.e.. Providing Water Supply to the Jagananna Colonies for construction purpose at P.N. Kalva, Near Hospital H/o. Peddineni Kalva of SRK, J W.P.No.17639 of 2026 2 T.Sundupalli Mandal in terms of the Agreement No.08-23-24, dt 06.04.2023, with the Measurement Book (M-Book) No. 6501-B/2017, for an amount of Rs.2,93,642/- (Two Lakhs Ninety Three Thousand Six Hundred and Forty Two Rupees Only), as arbitrary, illegal and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed under Articles 14, 19, 21 and 300-Aofthe Constitution of India and consequently direct the respondents to forthwith pay the above said amount payable to the petitioner in respect of the work executed by the petitioner under the aforesaid agreement, along with interest accrued on the said amount from the due date till the date of payment and to 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 take necessary action for payment of an amount of Rs.2,93,642/- (Two Lakhs Ninety Three Thousand Six Hundred and Forty Two Rupees Only) towards the work i.e, Providing Water Supply to the Jagananna Colonies for construction purpose at P.N. Kalva, Near Hospital H/o. Peddineni Kalva of T.Sundupalli Mandal, duly executed by the petitioner which are admitted by the respondents pending disposal of the above writ petition and to pass IA NO: 2 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 May be pleased to permit the petitioner to implead the proposed respondent Nos.8 and 9 as the party respondent in W.P No.17639 of 2026 and pass Counsel for the Petitioner: 1. YALAL ABDUL HAFEEZ Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.17639 of 2026 3 O R D E R Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, representing respondent Nos.1, 4 to 7, learned Assistant Government Pleader for the Finance and Planning, representing respondent No.2, and the learned Assistant Government Pleader for the Revenue, representing respondent No.3. 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 bill due to the petitioner despite succession completion of work i.e. providing water supply to the Jagananna Colonies for construction purpose at P.N.Kalva, near Hospital, H/o.Peddineni Kalva of T.Sundupalli Mandal in terms of Agreement no.08-23-24, dated 06.04.2023 with the Measurement Book (M-Book) No.6501-B/2017, for an amount of Rs.2,93,642/-, as arbitrary and illegal and consequently, direct the respondents to forthwith pay the above said amount to the petitioner in respect of the work executed by the petitioner under the aforesaid agreement along with interest accrued on the said amount from the due date till the date of payment and to pass such other order or orders…” 3. The Writ Petitioner claims to be a Civil Contractor. The respondent No.5 vide Rc.No.180/ANMY/Jagananna Colonies/2023, dated 29.03.2023 for Rs.5.00 lakhs under NPI Grant, entrusted the SRK, J W.P.No.17639 of 2026 4 work of providing water supply to the Jagananna Colonies for construction purpose at Akkampalli of T.Sundupalli Mandal to the Writ Petitioner. The Writ Petitioner and the respondent No.6 entered into an Agreement vide No.08/23/24, dated 06.04.2023. The Writ Petitioner executed the subject work within the stipulated time, and the respondent authorities inspected the work, and also the Officers of Vigilance and Quality Control Department conducted Quality Control Test over the work executed by the Writ Petitioner and issued Quality Control Certificate, dated 07.09.2023. The respondent Nos.5 to 7 recorded the measurements in M-Book No.6501-B/2017 for a gross amount of Rs.3,34,412/-. (b) It is the grievance of the Writ Petitioner that though he executed the entire work within stipulated time, an amount of Rs.2,93,642/- 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, SRK, J W.P.No.17639 of 2026 5 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 Assistant Government Pleader for the Panchayat Raj and Rural Development, representing respondent Nos.1, 4 to 7, on written instructions received from the Executive Engineer, RWS & S Division, Rajampeta-5th respondent, submits that the total value of the work done by the Writ Petitioner is Rs.3,34,412/-, out of which, an amount of Rs.40,770/- was paid to the Writ Petitioner, and in respect of the balance amount of Rs.2,93,642/-, 2nd and final bill proposal was submitted to the Project Director, APSHCL, Rayachoty on 15.09.2023 for release of funds vide T.O.Lr.No.A2/YSR JC Works-NPI/2023, dated 15.09.2023, but so far, no release of the bill was made. He further submits that as and when the Housing Department releases the amount, the same would be paid 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 even as per the respondent No.5, the Writ Petitioner is entitled balance amount of Rs.2,93,642/-. Therefore, since the amount payable to the Writ SRK, J W.P.No.17639 of 2026 6 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 balance amount as admitted by the respondent No.5 in his written instructions to a tune of Rs.2,93,642/- (Rupees Two Lakhs Ninety Three Thousand Six Hundred and Forty Two only) to the Writ Petitioner within a period of Eight (8) weeks from the date of receipt of a copy of this order. 1 2025 SCC OnLine SC 1400. SRK, J W.P.No.17639 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 24th July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓