Chilakala Khaja Reddy v. The State of Andhra Pradesh
WP/19495/2026 · 2026-08-06
K Sreenivasa Reddy
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8471 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8471 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010361232026
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: 19495/2026 Between:
1. CHILAKALA KHAJA REDDY, S/O CHINNA HAJARATH REDDY, AGE ABOUT 39 YEARS, OCC CONTRACTOR, R/O NANDIGUNTA VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER A N D
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATHRAJ
ENGINEERING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI - 522503. 2. THE DISTRICT COLLECTOR P R, SPSR NELLORE DISTRICT AT NELLORE - 524001. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, KAVALI SPSR NELLORE DISTRICT - 524201. 4. THE NANDIGUNTA GRAM PANCHAYATH, REP. BY ITS SECRETARY, NANDIGUNTA VILLAGE, VINJAMUR MANDAL, SPSR NELLORE DISTRICT - 524228. 5. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI - 522503. ...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 making the payment of Rs.4,52,865/- under M Book NO.449/C/2023-24, and Rs.4,53,009/- under M Book NO.450/C/2023-24, for the works executed by the petitioner for laying
SRK, J W.P.No.19495 of 2026 2
of Internal CC Road from V.Hazarathreddy (H) to D.Padma (H) and laying of Internal CC Road from Rand B to V.Hazarathreddy house respectively in Nandigunta Village and Gram Panchayath, Vinjamur Mandal, SPSR Nellore District, as illegal, arbitrary, violation of principles of natural justice, contrary to the Rules plus Regulations contemplated there under and consequently direct the respondents to pay an amount of Rs.4,52,865/- and Rs.4,53,009/- equaltoo Rs.9,05,865/- to the petitioner including quality control holding amounts along with interest from the date of completion of work till the realisation, 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 pay an amount of Rs.4,52,865/- + Rs.4,53,009/- = Rs.9,05,865/-, including quality control holding amounts along with interest from the date of completion of work till the realisation, pending disposal of the writ petition and pass
Counsel for the Petitioner:
1. TATA SINGAIAH GOUD Counsel for the Respondent(S):
1.
GP FOR PANCHAYAT RAJ RURAL DEV
2. SASANKA BHUVANAGIRI (SC FOR NON SERVICES ZPPS MPPS GP FOR RAYALASEEMA SPSR NELLORE PRAKASAM)
3. GP FOR REVENUE
4. 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 the Panchayat Raj and Rural Development, learned Assistant Government Pleader for the Revenue, learned Assistant Government Pleader for the Finance, 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 of the respondents in not making the payment of Rs.4,52,865/- under M.Book No.449/C/2023-24 and Rs.4,53,009/- under M.Book No.450/C/2023-24 for the works executed by the petitioner for laying of internal CC Road from V.Hazarathreddy (H) to D.Padma (H) and laying of internal CC Road from R&B to V.Hazarathreddy house respectively in Nandigunta Village and Gram Panchayat, Vinjamur Mandal, SPSR Nellore District, as illegal and arbitrary, and consequently, direct the respondents to pay the aforesaid sum including quality control holding amounts 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 authorities identified the works of laying internal CC road from V.Hazarathreddy (H) to D.Padma (H) and laying of internal CC road from R&B to V.Hazarathredy house, respectively in Nandigunta village and Gram
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Panchayat, Vinjamur Mandal, SPSR Nellore District. The respondent No.2 issued administrative sanction vide Proc.Rc.No.76/D1/GGMP/ UDGR AC/2022, dated 01.03.2024 and respondent No.3 accorded technical sanction vide DR.No. of 2023-24, dated 06.03.2024 and the estimated value of the work is Rs.5.00 lakhs. The aforesaid works were entrusted to the petitioner, and the petitioner entered into agreement with respondent No.3. Accordingly, the petitioner executed the works within the stipulated time. The respondent No.3 inspected the works and recorded the same in the Measurement Book and issued pass orders. (b) It is the grievance of the petitioner that though he executed the entire works within time, an amount of Rs.9,05,865/- 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.19495 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, PR Division, Kavali-3rd respondent, submits that the petitioner executed the works as per the agreement. He further submits that after statutory deductions, aggregating to a tune of Rs.80,682/-, the petitioner is entitled to a net amount of Rs.8,25,192/-, and seeks time for release of the amount due under the bills. 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 net amount of Rs.8,25,192/-. 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.19495 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.8,25,192/- (Rupees Eight Lakhs Twenty Five Thousand One Hundred and Ninety Two 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 7th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned
Reportable
Non-reportable ✓