A writ petition is maintainable for the recovery of admitted money dues, as the non-payment of such dues is considered an arbitrary action by the respondents.

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 topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in withholding the payments amounting to Rs. 22,68,522.00/- (Rupees Twenty two lakhs ninety sixty eight thousands five hundred and twenty two) even after successful completion of the work and after finalizing the bills in connection with Construction of pipe culvert to Pedda Vagu across approach road to YSR Jagananna Flousing Colony in Kaluvatala Village of Kolimigundia Mandal of Kurnool District having Measurement Book no. 1698- A1 which was sanctioned by way of Progs. No. 112/AM(ENG)/lnfra(Approach Road Levelling)/2021 dated 21.03.2022 of the Collector and District Magistrate, Kurnool as violative of Articles 14 and 21 of Constitution of India and declare the actions of the Respondents as illegal, arbitrary, improper, unjust and consequently direct the respondents to pay the amounts of Rs. 22,68,522.00/- (Rupees Twenty two lakhs ninety sixty eight thousands five hundred and twenty two) with interest 12percentage per annum for the delayed amount till date of realization 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 in releasing funds amounting to Rs. 22,68,522.00/- (Rupees Twenty two lakhs ninety sixty eight thousands five hundred and twenty two) even after successful completion of the work and after finalizing the bills in connection with construction of pipe culvert to Pedda Vagu across approach road to YSR Jagananna Housing Colony in Kaluvatala Village of Kolimigundia Mandal of Kurnool District having Measurement Book no. 1698- A1 which was sanctioned by way of Progs. No. 112/AM(ENG)/lnfra(Approach Road Levelling)/202 1 dated 21.03.2022 of the Collector and District Magistrate, Kurnool (Respondent No.3 herein) along with interest 12 percentage per annum and pass

:: ORDER ::

Heard Ms. N. Deepika, learned counsel representing Sri Varun Byreddy, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance for respondents 1, 2 and 4 to 7 and Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.3.

2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.22,68,522/- payable to the petitioner for the work executed i.e. „Construction of pipe culvert to Pedda Vagu across approach road to YSR Jagananna Housing colonyin Kalvatala Village of Kolimigundla Mandal, as illegal and arbitrary.

3. Today, when the matter is taken up, learned Assistant Government Pleader for Panchayat Raj and Rural Development and the learned standing counsel submitted the instructions of the Executive Engineer (FAC), PR (PIU) Division, Nandyal.

4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.24,93,271/- and the net amount payable to the petitioner after statutory deductions of Rs.2,24,749/- is Rs.22,68,522/-. The written instructions are made part of the record.

5. Learned counsel for the petitioner endorses the same.

6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner‟s entitlement for Rs. Rs.22,68,522/-. 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, 2026:APHC:20609¹2025 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 adjudic