RAKKISA MAHALAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/21343/2026 · 2026-08-13
K Sreenivasa Reddy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8308 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8308 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010386162026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 21343/2026 Between:
1. RAKKISA MAHALAKSHMI, W/O VENKATA RAMAIAH, AGED ABOUT 49 YEARS, R/O.CHENNURU VILLAGE, PEDANA MANDAL, KRISHNA DISTRICT. ...PETITIONER A N D
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522238
3. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT. 521002
4. THE EXECUTIVEENGINEER, PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 52100
5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 521001. 6. THE ASSISTANT EXECUTIVE ENGINEER, M.P.P. PEDANA, KRISHNA DISTRICT. 521366
7. THE CHENNURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHENURU VILLAGE, PEDANA MANDAL, KRISHNA DISTRICT. 521366
...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 or Order or
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direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amount to the Petitioner i.e., Rs. 4,63,441/- for Construction of Compound wall to Burial Ground in Chennuru Village, Pedana Mandal, Krishna District, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14 21 of the Constitution of India, consequently direct the Respondents to pay the total contract bill amount of Rs.4,63,441/- along with interest for the works carried by the Petitioner 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 direct the Respondents forthwith to pay the total contract bill amount of Rs.4,63,441/- along with interest in respect of work carried by the Petitioner pending disposal of the Writ Petition
Counsel for the Petitioner:
1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE
3.
GP FOR FINANCE PLANNING
The Court made the following:
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O R D E R Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for Gram Panchayat. 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, things and deeds of respondents in not paying the contract bill amount to the petitioner i.e. Rs.4,63,441/- for construction of compound wall to burial ground in Chennuru Village, Pedana Mandal, Krishna District, as illegal and arbitrary, and consequently, direct the respondents to pay the aforesaid total contract amount along with interest and pass such other order or orders …”
3. The petitioner claims to be a Civil Contractor, used to execute civil contract works. The respondent No.3 entrusted the work of construction of compound wall to burial ground in Chennuru Village, Pedana Mandal, Krishna District through Proceedings vide Rc.No.83/GGMP/Works/Dy.So-2/2022; that in consonance of the said proceedings, respondent No.4 entrusted the aforesaid work to the petitioner, on nomination basis. Accordingly, the petitioner executed the aforesaid contract work within the stipulated time. The respondent authorities inspected the work from time to time, and entered the
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same in Measurement Books; that the Deputy Executive Engineer (PR), Vigilance and Quality Control Sub-Division, Machilipatnam conducted quality control check and issued report. The respondent No.4 authority also generated pass order in the Measurement Book vide No.85B/2022-23. (b) It is the grievance of the petitioner that though she executed the entire work within time, an amount of Rs.4,63,441/- 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. 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, PRI Division, Machilipatnam-4th respondent, submits that
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the petitioner executed the work as per the agreement. He further submits that after statutory deductions, aggregating to a tune of Rs.43,133/-, the petitioner is entitled to an amount of Rs.4,20,308/-, and the bill was not submitted to the Pay and Accounts Officer, Vijayawada, due to insufficient budget for the DDO and HOA, and the respondent No.4 authority addressed a letter on 04.08.2026 to the Collector and District Magistrate, Krishna at Machilipatnam for release of funds, and thereby, he seeks the Court to grant time for release of the bill amounts. 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.4,20,308/-. 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 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
1 2025 SCC OnLine SC 1400. SRK, J W.P.No.21343 of 2026 6
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.4,20,308/- (Rupees Four Lakhs Twenty Thousand Three Hundred and Eight 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 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 14th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned
Reportable
Non-reportable ✓