APHC010099572024 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: 5381/2024 Between: 1. SHRI VIGNESWARA BORE WELLS,, REP., BY ITS PROPRIETOR, K. BHASKARA REDDY S/O VASUDEVA REDDY, AGED ABOUT 51 YEARS, OCC CONTRACTOR, OFFICE AT PILER, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE COLLECTOR AND CHAIRMAN, DISTRICT WATER MANAGEMENT AUTHORITY (DWMA), ANNAMAYYA DISTRICT 3. THE ASSISTANT PROJECT DIRECTOR, DWMA, KALIKIRI CLUSTER 4. THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, CHITTOOR 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 2 SRK, J WP.No.5381 of 2024 pleased to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payment of the bills of 1)Rs. 1,02,403/- (CFMS.No.2023- 843282), 2) 99,730/- (CFMS No.2023-844187), 3) 98,455/- (CFMS.No.2023- 826906), 4) Rs.l,11,050/- (CFMS.No.2023-842990), 5)Rs. 1,10,987/- (CFMS.No.2023-843872), 6) Rs.98,463/- (CFMS.No.2023- 1043264), 7)Rs. 1,02,226/- (CFMS.No.2023-1044874), 8) Rs.71,794/- (CFMS.No.2023- 950707), 9) Rs. 1,30,456/- (CFMS.No.2023-942896), 10) Rs. 1,06,645/- (CFMS.No.2023-82431), 11) Rs. 1,01,098/- (CFMS.No.2023- 83009), 12)Rs. 1,27,099/- (CFMS.No.2023-947336), 13) Rs.84,162/- (CFMS.No.2023- 839764), 14) Rs.86,924/- (CFMS.No.2023-841914), 15) Rs. 1,37,373/- (CFMS.No.2023-1155454), 16) Rs.84,986/- (CFMS.No.2023- 1154050), 17) Rs.98,755/- (CFMS.No.2023-828496), 18) Rs.1,12,500/- (CFMS.No.2023- 828263), 19) Rs.44,896/- (CFMS.No.2023-942982), 20) Rs.97,083/- (CFMS.No.2023-831177) and 21) Rs. 1,05,561/- (CFMS.No.2023- 830098) respectively, totally an amount of Rs. 21,12,636/- even after finalizing the bills payable to the petitioner in relation to the work Drilling of bore wells under YSR Rythu Bharosa (YSR Jalakala Programme) at different villages of Kalikiri, Sodum and Rayachoti Clusters of Annamayya (Chittoor) District as illegal, arbitrary and consequently direct the respondents to consider for payment of total amount of Rs. 21,12,636/- with an 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 2024 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 please to DIRECT the respondents to consider for payment of the bills of 1) Rs. 1,02,403/- (CFMS.No.2023-843282), 2) 99,730/- (CFMS No.2023- 844187), 3) 98,455/ (CFMS.No.2023-826906), 4) Rs. 1,11,050/- (CFMS.No.2023-842990) 5)Rs.l,10,987/- (CFMS.No.2023-843872), 6) Rs.98,463/- (CFMS.No.2023-1043264), 7)Rs.l,02,226/- (CFMS.No.2023- 1044874), 8) Rs.71,794/- (CFMS.No.2023-950707), 9) Rs. 1,30,456/- (CFMS.No.2023-942896), 10)Rs. 1,06,645/- (CFMS.No.2023-82431), 11) Rs. 1,01,098/- (CFMS.No.2023- 83009), 12)Rs.l,27,099/- (CFMS.No.2023- 947336) 13)Rs.84,162/- (CFMS.No.2023-839764), Rs.86,924/-14) (CFMS.No.2023-841914), 15)Rs. 1,37,373/- (CFMS.No.2023-1155454), 16)Rs.84,986/- (CFMS.No.2023- 1154050), 17) Rs.98,755/- (CFMS.No.2023- 828496), 18)Rs. 1,12,500/- (CFMS.No.2023-828263), 19) Rs.44,896/- 3 SRK, J WP.No.5381 of 2024 (CFMS.No.2023-942982), 20)Rs.97,083/- (CFMS.No.2023-831177), 21) Rs. 1,05,561/- (CFMS.No.2023- 830098) respectively, totally an amount of Rs. 21,12,636/- even after finalizing the bills payable to the petitioner in relation to the work Drilling of bore wells under YSR Rythu Bharosa (YSR Jalakala Programme) at different villages of Kalikiri, Sodum and Rayachoti Clusters of Annamayya (Chittoor), pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 SRK, J WP.No.5381 of 2024 O R D E R This Writ Petition is filed seeking the following relief: “….to issue a writ or direction or order particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of the bills of 1) Rs. 1,02,403/- (CFMS.No.2023-843282), 2) 99,730/- (CFMS No.2023-844187), 3) 98,455/- (CFMS.No.2023-826906), 4) Rs.l,11,050/- (CFMS.No.2023-842990), 5)Rs. 1,10,987/- (CFMS.No.2023-843872), 6) Rs.98,463/- (CFMS.No.2023- 1043264), 7) Rs. 1,02,226/- (CFMS.No.2023-1044874), 8) Rs.71,794/- (CFMS.No.2023-950707), 9) Rs. 1,30,456/- (CFMS.No.2023-942896), 10) Rs. 1,06,645/- (CFMS.No.2023- 82431), 11) Rs. 1,01,098/- (CFMS.No.2023- 83009), 12)Rs. 1,27,099/- (CFMS.No.2023-947336), 13) Rs.84,162/- (CFMS.No.2023-839764), 14) Rs.86,924/- (CFMS.No.2023- 841914), 15) Rs. 1,37,373/- (CFMS.No.2023-1155454), 16) Rs.84,986/- (CFMS.No.2023-1154050), 17) Rs.98,755/- (CFMS.No.2023-828496), 18) Rs.1,12,500/- (CFMS.No.2023- 828263), 19) Rs.44,896/- (CFMS.No.2023-942982), 20) Rs.97,083/- (CFMS.No.2023-831177) and 21) Rs. 1,05,561/- (CFMS.No.2023- 830098) respectively, totally an amount of Rs. 21,12,636/- even after finalizing the bills payable to the petitioner in relation to the work Drilling of bore wells under YSR Rythu Bharosa (YSR Jalakala Programme) at different villages of Kalikiri, Sodum and Rayachoti Clusters of Annamayya (Chittoor) District as illegal, arbitrary and consequently direct the respondents to consider for payment of total amount of Rs. 21,12,636/- with an interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such other order…” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development. 3. The petitioner claims to be engaged in the execution of civil works and that it was entrusted with various works of the Panchayat Raj Department and the Roads & Buildings Department on a tender basis. It is its case that it was awarded a contract for execution of the works viz. Drilling of bore wells under YSR Rythu Bharosa (YSR Jalakala Programme) at different villages of Kalikiri, Sodum and Rayachoti Clusters of Annamayya District. It is its case that it deposited the requisite security amount and executed the works to the satisfaction of the authorities concerned, and upon completion of the works, 5 SRK, J WP.No.5381 of 2024 the respondent authorities measured the same and recorded the measurements in the Measurement Books. 4. It is the grievance of the petitioner that notwithstanding the completion of the works and its measurement by the competent authorities, the amount due towards the executed works has not been paid till date. According to the petitioner, although the works were completed long back, the respondent authorities are not releasing the admitted amount payable to it. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition. 5. Learned Government Pleader for Panchayat Raj and Rural Development, on written instructions, received from the Project Director, DWMA, Chittoor, submits that a major portion of the amount due has already been paid to the petitioner. He further submits that, in respect of 45 bore wells, the payments have been released to the petitioner herein. As regards the remaining two bore wells, the bills were submitted to the Pay and Accounts Officer for processing and release of payment. However, the said bills could not be honoured on account of paucity of funds. 6. 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.” 1 2025 SCC OnLine SC 1400 6 SRK, J WP.No.5381 of 2024 7. Having regard to the fact that there is no dispute with regard to the works executed by the petitioner and the amount payable to it, and in view of the submissions of the learned Government Pleader for Panchayat Raj and Rural Development, the respondent authorities are directed to pay the undisputed amount to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 24.07.2026. MS 7 SRK, J WP.No.5381 of 2024 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:5381 of 2024 Date: 24.07.2026 MS