APHC010362162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19459/2026 Between: 1. GAJJALA KALAVATHI, W/O. G. RAGHAVENDRA REDDY AGE 49 YEARS R/O BACHAPURAM VILLAGE ALLAGADDA MANDAL NANDYAL DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT VELAGAPUDI AT AMARAVATI.-522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT A.P. SECRETARIAT VELAGAPUDI AT AMARAVATI.-522237 3. THE DISTRICT COLLECTOR, NANDYAL DISTRICT AT NANDYALA-518501 4. THE CHIEF ENGINEER, PANCHAYATH RAJ DEPARTMENT AND R.W.S AND S (P) DIVISION O/O AT VIJAYAWADA NTR DISTRICT. -520001 5. THE SUPERINTENDING ENGINEER, R.W.S AND S (P) DIVISION O/O NANDYAL NANDYAL DISTRICT.-518501 6. THE EXECUTIVE ENGINEER, R.W.S AND S (P) DIVISION PANCHAYATH RAJ DEPARTMENT O/O. AT NANDYAL NANDYAL DISTRICT-518501 7. THE DEPUTY EXECUTIVE ENGINEER, R.W.S AND S SUB DIVISION PANCHAYATH RAJ DEPARTMENT O/O ALLAGADDA NANDYAL DISTRICT-518543 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High SRK, J W.P.No.19459 of 2026 2 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 payments for the works executed by the petitioner for providing (i) Cement Concrete Drain from Sachivalayam to Sathram and other location at Bachepalli Village of Allagadda Mandal as per Agreement No.267/2023-24 dated 05.03.2024 for an amount of Rs.10,28,161.19/- and (ii) Cement Concrete Drain from Culvert to near Kasetti Peddaiah house and other locations at Bachepalli Village of Allagadda Mandal as per Agreement No. 268/2023-24 dated 05.03.2024 for an amount of Rs.9,40,133.27/- for the 2 works totaling an amount of Rs. 19,68,294.46/- as illegal arbitrary and contrary to law and is unconstitutional and violation of Article 14,21 of Constitution of India and consequently direct the respondents to release an amount of Rs. 19,68,294.46/- with 18percent per annum to the petitioner in respect of the execution of afore mentioned works forthwith 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 release an amount of Rs. 19,68,294.46/- with interest at 18% for the works executed by the petitioner for providing (i) Cement Concrete Drain from Sachivalayam to Sathram and other location at Bachepalli Village of Allagadda Mandal as per Agreement No.267/2023- 24 dated 05.03.2024 for an amount of Rs. 10,28,161.19/- and (ii) Cement Concrete Drain from Culvert to near Kasetti Peddaiah house and other locations at Bachepalli Village of Allagadda Mandal as per Agreement No. 268/2023-24 dated 05.03.2024 for an amount of Rs.9,40,133.27/- Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.19459 of 2026 3 O R D E R Heard learned counsel for the petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development and the learned Assistant Government Pleader for the Finance. 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 payments for the works executed by the petitioner for providing (i) cement concrete drain from Sachivalayam to Sathram and other location at Bachepalli Village of Allagadda Mandal as per Agreement No.267/2023-24 dated 05.03.2024 for an amount of Rs.10,28,161.19 paise, and (ii) cement concrete drain from Culvert to near Kasetti Peddaiah house and other locations at Bachepalli Village of Allagadda Mandal as per Agreement No.268/2023-24 dated 05.03.2024 for an amount of Rs.9,40,133.27 paise for the two works, totaling an amount of Rs.19,68,294.46 paise with 18% per annum to the petitioner as illegal and arbitrary, and direct the respondents to pay the aforesaid sum in respect of the above said executed works and pass such other order or orders …” 3. The petitioner claims to be a Civil Contractor, used to execute civil contract works. The respondent authorities, under GGMP and SDF grant, for the financial year 2023-2024, entrusted the works of (i) providing cement concrete drain from Sachivalayam to Sathram and other location at Bachepalli Village of Allagadda Mandal-HIWID: RWS-5298-30012 with an estimate cost of Rs.10.50 lakhs, and (ii) SRK, J W.P.No.19459 of 2026 4 providing cement concrete drain from Culvert to near Kasetti Peddaiah house and other locations at Bachepalli village of Allagadda Mandal-HIWID: RWS-5298-30024 with an estimated cost of Rs.9.50 lakhs, to the petitioner. The petitioner entered into Agreement vide Nos.267/2023-24, dated 05.03.2024 and 268/2023-24, dated 05.03.2024. Accordingly, the petitioner executed the works within the stipulated time. The respondent No.6 inspected the works and recorded the same in the Measurement Book and forwarded the bills to a tune of Rs.19,68,294.56 paise to the respondents for processing. (b) It is the grievance of the petitioner that though she executed the entire works within time, an amount of Rs.19,68,294.56 paise was kept pending by the respondent authorities. Even though the petitioner approached the respondent authorities on multiple occasions, requesting for payment of aforesaid pending bill amount, they are not paying the said amount. According to petitioner, having executed the works 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, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. SRK, J W.P.No.19459 of 2026 5 4. Today when the matter is taken up for hearing, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, on written instructions received from the Executive Engineer, RWS&S (P) Division, Nandyal-6th respondent, submits that the petitioner executed the works as per the agreements. He further submits that after statutory deductions, aggregating to a tune of Rs.2,95,244/-, the petitioner is entitled to an amount of Rs.16,73,050/-, and the bills for the aforesaid two works could not be processed due to non-availability of budget, and soon after receipt of budget, the bills would be submitted to the APAO, Nandyal for payment to the 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 the petitioner’s entitlement to a tune of Rs.16,73,050/-. Therefore, since the amount payable to the 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 1 2025 SCC OnLine SC 1400. SRK, J W.P.No.19459 of 2026 6 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 net amount/admitted amount to a tune of Rs.16,73,050/- (Rupees Sixteen Lakhs Seventy Three Thousand and Fifty only) to the petitioner within a period of Eight (8) 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 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 7th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓