WRIT PETITION NO: 20420/2026 v. SECRETARIAT BUILDINGS

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 1St and Final payment of pending amounts of Rs.39,07,551/- ( Thirty Nine Lakhs, Seven Thousand, Five Hundred And Fifty One Rupees only), even after finalizing the bills payable to the petitioner in relation to the works i.e. Operation and Maintenance of CPWS Scheme to K.V.Palli, Kalikiri and Kalakada Mandals in Chittoor District (Excluding Power charges for the year 2021-22) From April 2021 to October 2021, Agreement no.15/2020- 21,Date 1.10.2020 and pass a 2 SRK, J W.P.No.20420 of 2026 IA NO: 1 OF 2026 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 Pleased to direct the respondents to forthwith consider releasing the amounts payable to the petitioner of Rs.39,07,5511- ( Thirty Nine Lakhs, Seven Thousand, Five Hundred And Fifty One Rupees only) herein, pending disposal of the writ petition and pass Counsel for the Petitioner:

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

1. The Court made the following: SRK, J W.P.No.20420 of 2026 3 O R D E R Heard learned counsel for the petitioner, learned Assistant Government Pleader for the Panchayat Raj and Rural Development and the learned Assistant Government Pleader for the Finance and Planning.

2. This Writ Petition is filed seeking the following relief: “….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 1st and final payment of amount of Rs.39,07,551/- even after finalizing the bills payable to the petitioner in relation to the works i.e. Operation and Maintenance of CPWS Scheme to K.V.Palli, Kalikiri and Kalakada Mandals in Chittoor District (excluding Power charges for the year 2021-22) from April, 2021 to October, 2021, Agreement No.15/2020-21, dated 01.10.2020 and pass such other order or orders …”

3. The petitioner claims to be a Civil Contractor, used to execute the works of R&B, Panchayat Raj, Irrigation, and other Departments of the Government. The petitioner was entrusted with the work of operation and maintenance of CPWS Scheme to K.V.Palli, Kalikiri and Kalakada Mandals in Chittoor District and entered into agreement vide No.15/2020-21, dated 01.10.2020. The petitioner executed the work as per the agreement, and the respondent 4 SRK, J W.P.No.20420 of 2026 authorities inspected the work and acknowledged the same in M- Book. (b) It is the grievance of the petitioner that though he executed the entire work within time, an amount of Rs.39,07,551/- was kept pending by the respondent authorities. Even though the petitioner approached respondent authorities on multiple occasions, requesting for payment of aforesaid pending bill amount, they are not paying the said amount. According to petitioner, having executed the work satisfactorily, within the prescribed time, non- payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount.

4. Today when the matter is taken up for hearing, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, on written instructions received from the Executive Engineer (FAC), RWS & S Division, Madanapalle, Annamayya District-3rd respondent, submits that the petitioner executed the work as per the agreement. He further submits that after statutory deductions, aggregating to a tune of Rs.3,17,489/-, the petitioner is entitled to an amount of Rs.35,90,061/-. Learned Assistant 5 SRK, J W.P.No.20420 of 2026 Government Pleader further submits that the Chief Executive Officer, Zilla Praja Parishad, Chittoor is the competent authority to release of funds under 15th Finance Commission (Tied) Grant, and respondent No.3 addressed a letter to the Chief Executive Officer and requested to release an amount of Rs.39,07,551/- for making payment to the petitioner vide Lr.No.Supdt/ZPP 15th Finance Tied/ 2021-22, dated 29.07.2026, and soon after release of funds, the bill will be uploaded in NIDHI Portal for arranging payment to the petitioner. The written instructions are placed on record.

5. A perusal of the written instructions goes to show that there is no dispute with regard to execution of work and the petitioner’s entitlement to a tune of Rs.35,90,062/-. Therefore, since the amount payable to the petitioner, is admitted and undisputed, the Writ Petition is maintainable. In M/s. Utkal Highways Engineers and Contractors v. Chief General Manager & Ors.1, it was held as under: (Paragraph No.8) “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 1 2025 SCC OnLine SC 1400. 6 SRK, J W.P.No.20420 of 2026 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 recording formal evidence.”

6. Having regard to the entire facts and circumstances of the case, the respondent authorities are directed to pay the net amount/admitted amount to a tune of Rs.35,90,062/- (Rupees Thirty Five Lakhs Ninety Thousand and Sixty Two only) to the petitioner within a period of Eight (8) weeks from the date of receipt of a copy of this order.

7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 14th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓