APHC010413022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22514/2026 Between: 1. GUMMA GURAVAIAH, S/O. CHINNA AVULAIAH, AGED 50 YEARS, RESIDING AT SRINIVASA NAGAR, SOMEPALLI, TRIPURANTHAKAM, RAJUPALEM, PRAKASAM DISTRICT - 523326. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, TADEPALLE, GUNTUR DISTRICT - 522501. 4. THE ENGINEERINCHIEF, VIJAYAWADA, NTR DISTRICT - 521225. RWS AND S DEPARTMENT, GOLLAPUDI, 5. THE CHIEF ENGINEERII, O/O. THE ENGINEER-IN-CHIEF, RWS AND S DEPARTMENT, GOLLAPUDI, VIJAYAWADA, NTR DISTRICT – 521225 6. THE COLLECTOR AND DISTRICT MAGISTRATE, MARKAPURAM DISTRICT, MARKAPURAM - 523332. 7. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, ONGOLE, PRAKASAM DISTRICT-523001 8. THE EXECUTIVE ENGINEER, RWS (P) DIVISION, PODILI, MARKAPURAM DISTRICT - 523240. ...RESPONDENT(S): SRK, J W.P.No.22514 of 2026 2 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 Writ or Order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in non-payment of bills payable to the petitioner to a tune of Rs. 9,20,000/- (Rupees Nine Lakhs Twenty Thousand onlyjin gross for the work done pertaining to Restoration of CPWS Scheme to Tripuranthakam and 35 habitations In Y. Palem Constituency with Estimate Cost of Rs. 10.00 Lakhs as illegal, arbitrary, unreasonable and against the Articles 14 and 21 of the Constitution of India, 1949 and consequently direct the respondents to pay the bill amount of Rs. 9,20,000/- )Rupees Nine Lakhs Twenty Thousand only) in gross, for the work executed by the petitioner 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 to consider the representation of the petitioner, dated 13/07/2026,and to release the withholding bill amount payable to the petitioner to a tune of Rs. 9,20,000/- [Rupees Nine Lakhs Twenty Thousand only in gross pending disposal of the above writ petition Counsel for the Petitioner: 1. BANDLA PAVAN 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.22514 of 2026 3 O R D E R Heard learned counsel for the petitioner, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development, and the learned Assistant Government Pleader for Finance and Planning. 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 non-payment of bills payable to the petitioner to a tune of Rs.9,20,000/- in gross for the work done pertaining to Restoration of CPWS Scheme to Tripuranthakam and 35 habitations in Y.Palem Constituency with Estimate cost of Rs.10.00 lakhs, as illegal and arbitrary, and consequently, direct the respondents to pay the bill amount of Rs.9,20,000/- in gross, for the work executed by the petitioner and to pass such other order or orders…” 3. The petitioner claims to be a Civil Contractor. The respondent authorities entrusted the work pertaining to restoration of CPWS Scheme to Tripuranthakam and 35 habitations in Y.Palem Constituency with estimate cost of Rs.10.00 lakhs to the petitioner; that the petitioner entered into an Agreement vide No. /2025-26, dated 03.02.2026 with the respondent authorities; that the petitioner executed the work as per the agreement and completed the entire work within the prescribed period; that the respondent authorities SRK, J W.P.No.22514 of 2026 4 inspected the work, and recorded the same in Measurement Book, and the respondent No.8 issued pass order for an amount of Rs.9,20,000/-. (b) It is the grievance of the petitioner that though he executed the entire work within time, an amount of Rs.9,20,000/- 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 work 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, the learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions received from the Executive Engineer, RWS(P) Division, Podili-8th respondent, submits that the work that was administratively and technically sanctioned and allotted to the petitioner, was partially completed, and after deducting SRK, J W.P.No.22514 of 2026 5 statutory deductions totaling to a sum of Rs.43,504/-, the petitioner is entitled to an amount of Rs.8,76,261/-. He further submits that the bill could not be submitted to the PAO, Ongole for making payment due to non-submission of the required Quality Control Certificate, and non- availability of sufficient grant under the relevant head of account, and the same would be submitted after receipt of QC Certificate and upon release of the requisite budget by the Government. He concludes that the payment of bill amount will be made to the petitioner subject to availability of funds and observance of the prescribed financial rules and procedure. 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 work and as per the respondents, they admitted that the petitioner is entitled to an amount of Rs.8,76,261/-. 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.22514 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. A perusal of the material on record goes to show that the respondent authorities assigned the work, as mentioned supra, to the petitioner. It is the grievance of the petitioner that though he executed the said work within the stipulated time to the satisfaction of the respondent authorities, they are not releasing the payment covered under the bill that was submitted by the petitioner for the amount spent by him for executing the work. Therefore, having regard to the entire facts and circumstances of the case, since, it is stated that after submission of Quality Control Certificate and upon release of requisite budget by the Government, payment will be made to the petitioner, the authority concerned are directed to issue Quality Control Certificate to the petitioner, within a period of two (02) weeks from the date of receipt of copy of the order, so as to enable him to submit the same to the respondent authorities. On such submission, the SRK, J W.P.No.22514 of 2026 7 respondent authorities are directed to pay the admitted amount/net amount to a tune of Rs.8,76,261/- (Rupees Eight Lakhs Seventy Six Thousand Two Hundred and Sixty One only) to the petitioner within a period of two (2) months thereafter. 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 25th August, 2026. DNB