APHC010343512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 18361/2026 Between: 1. T. NAGAIAH,, S/O. T. MUTHYALAIAH AGED 60 YEARS, OCC. CONTRACTOR, R/O. DOOR NO.6-28, SANTHAVELURU VILLAGE, VARADAIAHPALEM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPNNENT DEPARTMENT, A.P. SECRETARIAT BUILDING, AT VELAGAPUDI, AMARAVATI - 522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, AT VELAGAPUDI, AMARAVATI - 522237. 3. THE COLLECTOR AND DISTRICT MAGISTRATE TIRUPATI, TIRUPATI DISTRICT - 517503. ERSTWHILE CHITTOOR DISTRICT. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT NH-16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT - 522502. 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ, TIRUPATI - 517503. 6. THE DEPUTY EXECUTIVE ENGINEER PRI, SUB-DIVISION, SATYAVEDU, TIRUPATI DISTRICT - 517588. 7. THE SANTHAVELORE GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY VARADAIAHPALEM MANDAL, TIRUPATI 2 SRK, J WP.No.18361 of 2026 DISTRICT - 517645. ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the total amount of Rs.4,68,713/- vide M.B. No. 601-B/2012 for Construction of CC road at Sathambedu of Santhaveluru in Varadaiahpalem Mandal even after finalizing the bills payable to the petitioner in relation to the works under MGNREGS plus SC Sub-plan Grant Funds is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,68,713/- vide work done with interest @ 24percent per annum for the delayed amount 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 may be pleased to direct the respondents to pay the pending bill an amount of Rs.4,68,713/- to the petitioner for the work done in favour of the petitioner pending disposal of the above Writ Petition, and to pass such Counsel for the Petitioner: 1. GANDHAVALLI MAHESH DEVAN Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: 3 SRK, J WP.No.18361 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the total amount of Rs.4,68,713/- vide M.B. No. 601-B/2012 for Construction of CC road at Sathambedu of Santhaveluru in Varadaiahpalem Mandal even after finalizing the bills payable to the petitioner in relation to the works under MGNREGS plus SC Sub-plan Grant Funds is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,68,713/- vide work done with 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, the learned Assistant Government Pleader for Panchayat Raj and Rural Development and the learned Standing Counsel for the Gram Panchayat. 3. The petitioner claims to be a registered contractor engaged in the execution of civil works and that he was entrusted with various works of the Panchayat Raj Department and the Roads & Buildings Department on a tender basis. It is the case of the petitioner that he was awarded a contract for execution of the works under MGNREGS + SC Sub-Plan Grant Funds for construction of CC Road at Sathambedu of Santhavelore GP in Varadaiahpalem Mandal, East Godavari District. It is the case of the petitioner that he deposited the requisite security amount and executed the works to the satisfaction of the authorities concerned, and upon completion of the works, 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 4 SRK, J WP.No.18361 of 2026 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 him. Aggrieved by the non-payment of the said amount, the petitioner filed the present Writ Petition. 5. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions, from the Executive Engineer, Panchayat Raj Division, Tirupati-5th respondent, submits that there is no dispute with regard to the execution of the subject works by the petitioner. He further submits that the petitioner is entitled to an amount of Rs.4,36,793/- after statutory deductions of Rs.36,920/-. He further submits that an amount of Rs.4,70,370/- has already been paid to the petitioner. According to the respondent authorities, due to the non-availability of sufficient budgetary allocation from the Government, the bill could not be processed. It is further submitted that, immediately upon receipt of the requisite budgetary allocation, the bill will be processed and the payment will be released to the concerned Gram Panchayat. Accordingly, they have sought a period of three (3) months' time to make the payment. The written instructions are taken on record. 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 5 SRK, J WP.No.18361 of 2026 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 him, and in view of the submissions of the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the respondent authorities are directed to pay a sum of Rs.4,36,793/- 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: 22.07.2026. MS 6 SRK, J WP.No.18361 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:18361 of 2026 Date: 22.07.2026 MS