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2026 Supreme(Online)(AP) 6079
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Subba Reddy Satti, J
M/s N.V.G Constructions – Appellant
Versus
The State of Andhra Pradesh – Respondent
WRIT PETITION NO: 2768/2025
For the Appellants/Petitioners: Suresh Kumar Reddy Kalava
For the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV, GP FOR FINANCE PLANNING
A writ petition is maintainable for the recovery of admitted dues, as the non-payment of undisputed amounts by the state is considered an arbitrary action.
Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India, alleging violation of Arts. 14, 16, 19, and 300-A, challenging the action of the respondents in withholding a net amount of Rs. 16,06,192/- for the construction of a CC Road. The court noted that the respondents, through written instructions, admitted the execution of the work and the entitlement of the petitioner to the said amount. The primary issue was whether a writ petition is maintainable for the recovery of admitted money claims. The court reasoned that the non-payment of admitted dues is an arbitrary action on the part of the respondents, and in the absence of disputed questions of fact requiring formal evidence, a writ petition is a valid remedy. The Writ Petition is disposed of directing the respondents to release an amount of Rs.16,06,192/- (Rupees Sixteen Lakhs Six Thousand One Hundred and Ninety Two only) payable to the petitioner regarding execution of the aforementioned work, within three (03) months from the date of receipt of the copy of this order.
| Table of Content |
|---|
| 1. admission of liability for executed government works. (Para 1 , 2 , 3 , 4) |
| 2. writ maintainability for recovery of admitted money claims. (Para 5) |
| 3. direction for release of admitted payments within a specified timeframe. (Para 6) |
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 OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of bills Net Amount of Rs.16,06,192/- (Gross Rs.17,64,589/-), under the CFMS.No.2024-173578 even after finalizing the bills payable to the petitioner in relation to the work i.e., Construction of CC Road from Jangala Agraharam to Nellipatla Main road at Mailage from 0/0 to 1/250 K.M of Chappidipalle GP in Baireddipalle Mandal vide Agreement No.453/2023-24, Dt.29.11.2023 is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 8s 300-A of The Constitution of India and consequently direct the respondents to consider for payment of bills Net Amount of Rs. 16,06,192/- (Gross- Rs. 17,64,589/-), under the CFMS.No.2024-173578 with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass
IA NO: 1 OF 2025
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 may be pleased to DIRECT the respondents to consider for payment of bills Net Amount of Rs. 16,06,192/- (Gross: Rs. 17,64,589/-) under the CFMS.No.2024-173578, with regard to the completion of work i.e., “Construction of CC Road from Jangala Agraharam to Nellipatla Main road at Mailage from 0/0 to 1 /250 K.M of Chappidipalle GP in Baireddipalle Mandal vide Agreement No.453/2023- 24, Dt.29.11.2023” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. SURESH KUMAR REDDY KALAVA
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR FINANCE PLANNING
The Court made the following:
ORDER
Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents.
2. The above writ petition was filed to declare the action of the respondents in withholding the payment of bills Net Amount of Rs.16,06,192/- (Gross Rs.17,64,589/-), under the CFMS.No.2024-173578 even after finalizing the bills payable to the petitioner in relation to the work i.e., Construction of CC Road from Jangala Agraharam to Nellipatla Main road at Mailage from 0/0 to 1/250 K.M of Chappidipalle GP in Baireddipalle Mandal vide Agreement No.453/2023-24, Dt.29.11.2023, as illegal and arbitrary.
3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the 3rd respondent.
4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.16,06,192/-. The written instructions are made as part of the record.
5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.16,06,192/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. Chief General Manager & Ors, 2026:APHC:1403912025 SCC online SC 1400, 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,
