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

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. Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents herein not releasing the total bills amount worth of Rs.13,36,639/-(Rupees Thirteen lakhs thirty six thousand six hundred and thirty nine only) with interest @ 12percent p.a., as per the Judgment of this Hon'ble Court In W.P. No.19525/2021 (W.P. No. 10038/2021 and Batch) dated 05.10.2021 under grant of MGNREGS to the petitioner till today after execution of one work and causing heavy loss with Interest even though the works were completed within time as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents to release and pay the total bills amount of Rs. 13.36,639/- (Rupees Thirteen lakhs thirty six thousand six hundred and thirty nine only) with Interest under grant of MGNREGS forthwith to the petitioner and pass

IA NO: 1 OF 2024

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 release and pay the total bills amount worth of Rs.13,36,639/-(Rupees Thirteen lakhs thirty six thousand six hundred and thirty nine only) with Interest under grant of MGNREGS forthwith to the petitioner, pending disposal of the above writ petition and pass

The Court made the following:

:: ORDER ::

Heard Sri Narra Srinivasa Rao, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance for respondents 1 to 5 and Sri M. Sudhir, learned standing counsel for respondents 6 and 7.

2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.13,36,639/- payable to the petitioner for the work executed i.e. „Construction of internal CC Road from Ponugupati Babu House to Alladi Yajarao House and Vadranapu Raju house to Balathoti Prasad Kostam at Edubadu (V) of Parchur (M), 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, PRI PIU Division, Bapatla and Mandal Parishad Development Officer, M.P.P., Parchur, respectively.

4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.13,36,639/- and the net amount payable to the petitioner after statutory deductions of Rs.1,10,028/- is Rs.12,26,611/-. 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.12,26,611/-. 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 & Ors¹2025 SCC online SC 1400, 2026:APHC:20608, 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 their very nature cannot be adjudicated upon without rec