APHC010210452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 11614/2026 Between: 1. DEVIREDDY SAMBAIAH, S/O DEVIREDDY VEERAIAH, AGED ABOUT 60 YEARS, AGRICULTURE AND EX. SARPANCH R/O PANDRAPADU VILLAGE, KAKUMANU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, 522237. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT, ANDHRA PRADESH, 522004. 3. THE SUPERINTENDING ENGINEER, RWS AND S DEPARTMENT, GUNTUR CIRCLE, GUNTUR DISTRICT, ANDHRA PRADESH,522004. 4. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S DEPARTMENT, KAKUMANU MANDAL GUNTUR DISTRICT, ANDHRA PRADESH, 522112. 5. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, ANDHRA PRADESH, 522004. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, KAKUMANU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH, 522112. 2 7. THE ASSISTANT EXECUTIVE ENGINEER, RWS AND S DEPARTMENT, KAKUMANU MANDAL GUNTUR DISTRICT, ANDHRA PRADESH, 522112. 8. THE PANDRAPADU GRAM PANCHAYAT, , REP BY ITS PANCHAYAT SECRETARY, PANDRAPADU, KAKUMANU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH, 522124. ...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 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 admitted net amounts duly recorded in the Measurement Books bearing Nos. 28A/2020-21/RWS/TNL, 025B/PIU/GNT/2025-26, and 27A/2020-21/RWS/T NL towards the seven (7) works duly executed by me for the works titled as a) Construction of CC Drain from Medisetty Ompraksah house to Culvert in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No. 100 dated 17.10.2025, with an Estimated cost of Rs. 1,13,000/-. b) Construction of CC Drain from Devireddy Murali house to Culvert in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No. 100 dated 17.10.2025, with an Estimated cost of Rs. 1,62,000/-. c) Construction of CC Drain from Devireddy Vinod house to Culvert in vide Resolution No. 100 datedPandrapadu (V) of Kakumanu Mandal 17.10.2025, with an Estimated cost of Rs. 1,24,000/-. d) Construction of CC Drain from Shaik Saidu house to Culvert in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No. 100 dated 17.10.2025, with an Estimated cost of Rs. 1,44,000/-. e) Construction of CC Drain from Culvert to Thokala Peraiah house in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No. 100 dated 17.10.2025, with an Estimated cost of Rs.2,50,000/-. f) Construction of CC Drain from Thokala Vasu house to Vippatapu Raghavamma house in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.lOO dated 17.10.2025,with an Estimated cost of Rs.2,42,000/-. g) Dewatering of PWS scheme SS tank water using Oil Engines and Jungle clearance around SS tank in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No. 105 dated 04.11.2025, with an Estimated cost of Rs. 1,14,000/- as arbitrary, illegal and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300- 3 A of the Constitution of India and consequently direct the respondents to pay the admitted net amounts for the completed works, 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 pleased to direct the respondents to produce the Measurement Books bearing Nos. 28A/2020-21/RWS/TNL, 025B/PIU/GNT/2025-26, and 27A/2020-21/RWS/TNL before this Hon’ble Court towards the seven work duly executed by me which are admitted by the Respondents, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY 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 The Court made the following: ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer: “…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 admitted net amounts duly recorded in the Measurement Books bearing Nos. 28A/2020-21/RWS/TNL, 025B/PIU/GNT/2025-26, and 27A/2020- 21/RWS/T NL towards the seven (7) works duly executed by me for the works titled as a) Construction of CC Drain from Medisetty Ompraksah house to Culvert in Pandrapadu (V) of Kakumanu 4 Mandal, vide Resolution No.100 dated 17.10.2025, with an Estimated cost of Rs. 1,13,000/-; b) Construction of CC Drain from Devireddy Murali house to Culvert in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.100 dated 17.10.2025, with an Estimated cost of Rs. 1,62,000/-; c) Construction of CC Drain from Devireddy Vinod house to Culvert in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.100 dated 17.10.2025, with an Estimated cost of Rs. 1,24,000/-; d) Construction of CC Drain from Shaik Saidu house to Culvert in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.100 dated 17.10.2025, with an Estimated cost of Rs. 1,44,000/-; e) Construction of CC Drain from Culvert to Thokala Peraiah house in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.100 dated 17.10.2025, with an Estimated cost of Rs.2,50,000/-; f) Construction of CC Drain from Thokala Vasu house to Vippatapu Raghavamma house in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.l00 dated 17.10.2025, with an Estimated cost of Rs.2,42,000/-; and g) Dewatering of PWS scheme SS tank water using Oil Engines and Jungle clearance around SS tank in Pandrapadu (V) of Kakumanu Mandal, vide Resolution No.105 dated 04.11.2025, with an Estimated cost of Rs. 1,14,000/-, as arbitrary, illegal and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay the admitted net amounts for the completed works, and pass…” 2. Case of the petitioner, in brief, is that the petitioner was entrusted with the execution of the aforesaid works at items (a) to (f) in Pandrapadu Village, 5 Kakumanu Mandal, Guntur District, pursuant to Resolution No.100 dated 17.10.2025. The petitioner was also entrusted with execution of the aforesaid work at item (g) in the same village, pursuant to Resolution No.105 dated 04.11.2025, by the respondent No.8-Gram Panchayat, with an estimated total cost of Rs.11,49,000/-. For the aforesaid works, administrative approval was granted on 17.10.2025, technical sanction was accorded on 18.10.2025 and work orders were issued vide Resolution No.107 dated 25.10.2025. The petitioner executed the said works during the period from 28.10.2025 to 07.11.2025, strictly in accordance with the sanctioned estimates and technical specifications. Upon completion of all the works, measurements were duly recorded in Measurement Books. The grievance of the petitioner is that, despite completion of the works, recording of the measurements and verification by the competent authorities, and notwithstanding the several representations submitted by the petitioner, the respondents have failed to release the admitted amount till date. Aggrieved thereby, the present Writ Petition has been filed by the petitioner herein. 3. Heard. Perused the record. 4. Learned Standing Counsel appearing on behalf of respondent No.8, on written instructions received from the Panchayat Development Officer, Pandarapadu Gram Panchayat, Kakumanu Mandal, submits that the Gram Panchayat does not dispute with regard to the execution of the aforesaid works or the admissible amount payable to the petitioner. He further submits 6 that upon verification of the Measurement Books and other connected records, the net amount found admissible and payable to the petitioner towards the aforesaid works is Rs.8,04,794/-. He further submits that the said amount could not be released due to non-availability of sufficient funds with the Gram Panchayat. He, therefore, seeks six months’ time for release of the said amount from the date of receipt of funds, subject to completion of the necessary financial and administrative formalities. The written instructions are placed on record. 5. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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.” 6. Having regard to the fact that there is no dispute with regard to the works executed by the petitioner and in view of the submissions made by the learned Standing Counsel appearing on behalf of respondent No.8, the 1 2025 SCC OnLine SC 1400 7 respondent authorities are directed to pay the admitted amount of Rs.8,04,794/- (Rupees Eight Lakhs Four Thousand Seven Hundred and Ninety-Four only) to the 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. As a sequel thereto, the miscellaneous applications, if any, pending in the Writ Petition shall stand closed. _____________________________ JUSTICE K.SREENIVASA REDDY Date: 20.07.2026 anr 8 HON’BLE SRI JUSTICE K.SREENIVASA REDDY Writ Petition No.11614 of 2026 Date: 20.07.2026 anr