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 for Gross Rs.ll,72,886/- in Net amount of Rs. 10,70,684/- under the CFMS.No.2024- 173649 even after finalizing the bills payable to the petitioner in relation to the work i.e., Construction of CC Road from Mudaramdoddi Main Road to Rathnalakonda Gate in Mudaramdoddi Habitation of Mudaramdoddi G.P in V.kota Mandal vide Agreement No.578/2023-24, Dt.06.02.2024 is questioned, as the same is illegal and arbitrary apart from violative of Articles 14, 16, 19 86 300-A of The Constitution of India and consequently direct the respondents to consider for payment for Gross Rs. 11,72,886/- in Net amount of Rs.10,70,684/- under the CFMS.No.2024-173649 with an interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass such

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 consider for payment for Gross: Rs. 11,72,886/- m Net amount of Rs. 10,70,684/- under the CFMS.No.2024-173649 with regard to the completion of work i.e.. Construction of CC Road from Mudaramdoddi Main Road to Rathnalakonda Gate in Mudaramdoddi Habitation of Mudaramdoddi G.P in V.kota Mandal” vide Agreement No.578/2023-24, Dt.06.02.2024” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass such

The Court made the following:

:: ORDER ::

Heard Sri Anand Surya, learned counsel representing 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, appeared for the respondents.

2. The above writ petition was filed to declare the action of the respondents in withholding net amount of Rs.10,70,684/- (gross amount of Rs.11,72,886/-), under the CFMS.No.2024-173649, payable to the petitioner in relation to the work i.e., Construction of CC Road from Mudaramdoddi Main Road to Rathnalakonda Gate in Mudaramdoddi Habitation of Mudaramdoddi Gram Panchayat, V.Kota Mandal, vide Agreement No.578/2023-24 dated 06.02.2024. Despite the completion of the work, the amount was not released to the petitioner.

3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of Executive Engineer, PRI Division, Chittoor – 3rd respondent dated 16.03.2026.

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.11,82,484/-. 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. 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 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 t