APHC010221942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11557/2025 Between:

1. M /S. CHINMUDRA CONSTRUCTIONS, REP.BY ITS PROPRITER V.

RAMARAO CHOWDARY S/O. V. VEERRAJU, AGED 50 YEARS, D.NO.69-3-12, MEHER RESIDENCY, NAGAVANAM, RAJENDRA NAGAR, GAIGOLUPADU, KAKINADA(URBAN), KAKINADA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.

2. T HE EXECUTIVE ENGINEER, , PRI DIVISION RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

3. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...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 withholding the payments of pending amounts of Rs. 30,78,998/- (Thirty Lakhs, Seventy Eight Thousand Nine Hundred and Ninety Eight Rupees only)

even after finalizing the bills payable to the petitioner in relation to the two works i.e. I.Construction of 300 MT (G 1) Godown office of Kuthukuluru PACS Society Building of Anaparthi mandal (12,67,764/-),II. Construction of 400 MT Godown cum Office Building to PACS at Pulagutha(v) of Anaparthi(m)(Rs.

18,11,234/-) of estimated cost of Rs.31.00 lakhs and 38.00 lakhs 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 to direct the respondents to forthwith consider releasing the amounts Rs. 30,78,998/- (Thirty Lakhs, Seventy Eight Thousand Nine Hundred and Ninety Eight Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner:

1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR FINANCE PLANNING The Court made the following:

::ORDER ::

Heard Ms. Devasri Roshan Kancharla, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning for the respondents.

2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.30,78,998/-, payable to the petitioner in relation to the work i.e., 1) Construction of 300 MT (G+1) Godown + office of Kuthukuluru PACS Society Building of Anaparthi mandal and 2)

Construction of 400 MT Godown cum Office Building to PACS at Pulagutha Village, Anaparthi Mandal, 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 Executive Engineer, PRI Division, Rajamahendravaram – 2^nd respondent dated 10.03.2026.

4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner is Rs.30,78,998/-. 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 work and the petitioner’s entitlement for Rs.30,78,998/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager &

Ors, 2025 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 jurisd