Extracted from the PDF above. The PDF is authoritative.
APHC010274432026
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: 17213/2026 Between:
1. OWK ANKANNA, S/O. OWK SANTHANNA, AGED ABOUT 52 YEARS, R/O. D.NO.2-318,
PONNAPURAM, NANDYALA, NANDYALA DISTRICT - 518501. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT/RWS AND S DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT -
522237. 3. THE DISTRICT COLLECTOR, (RWS AND S WING) NANDYALA, NANDYALA DISTRICT - 518501. 4. THE ENGINEER IN CHIEF, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT - 521225. 5. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, KURNOOL, KURNOOL DISTRICT - 518001. 6. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, NANDYALA, NANDYALA DISTRICT - 521225. ...RESPONDENT(S):
2 SRK, J WP.No.17213 of 2026
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 may be pleased to direct the respondents to release the total final bill amount worth of Rs. 29,79,823/-to the petitioner and pay along with interest forthwith under the grant of Jal Jeevan Mission Grant pending disposal of the above writ petition pending disposal of the above writ petition 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 release the total final bill amount worth of Rs. 29,79,823/- to the petitioner and pay along with interest forthwith under the grant of Jal Jeevan Mission Grant pending disposal of the above writ petition pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR FINANCE PLANNING The Court made the following:
3 SRK, J WP.No.17213 of 2026
O R D E R
This Writ Petition is filed seeking the following relief:
“….to direct the respondents to release the total final bill amount worth of Rs.
29,79,823/- to the petitioner and pay along with interest forthwith under the grant of Jal Jeevan Mission Grant pending disposal of the above writ petition pending disposal of the above writ petition 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 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 Jal Jeevan Mission Grant 2023-24 viz. Completion of Augmentation of existing water supply scheme and providing FHTCs to Gajulapalli Village in Mahanandi Mandal. 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 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. 4 SRK, J WP.No.17213 of 2026
5. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions, from the Executive Engineer, RWS & S(P) Division, Nandyal - 6th 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.19,41,550/- after statutory deductions of Rs.1,02,217/-.
According to them, the above work bill was uploaded in NIDHI Portal vide Token No.2026-7868768 and the bill status showing as waiting for „Fund Clearance‟. The written instructions are placed 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.”
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.19,41,550/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 1 2025 SCC OnLine SC 1400
5 SRK, J WP.No.17213 of 2026
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.17213 of 2026
HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No:17213 of 2026 Date: 22.07.2026
MS