VEMULA LINGAIAH v. THE STATE OF ANDHRA PRADESH

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 pay for payment of amount of Rs. 1,99,943/- vide M Book No. 389-A/Sarpanch/2017-18 (Page No.85) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC Drains and CC Road from Bathula Musalaiah (H) to Kommera Siva Sankar (H) - BIT-3 at Karempudi (V&M), vide Administrative Santion No. GP RC No. 60(iii)/2022-23, dated 26.09.2022 of the GP, Karempudi, under 15th Finance Grant, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner:

1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 3

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR FINANCE PLANNING

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order: Heard Ms. D.Madhavi, learned counsel representing Smt. Modapothula Sumalatha, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 7 and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 8th respondent.

2. The above writ petition was filed to declare the action of the respondents in not paying the amount payable to the petitioner, to a tune of Rs.1,99,943/- in relation to the work i.e., Construction of CC drains and CC road from Bathula Musalaiah house to Kommera Siva Sankar house – Bit-3 at Karempudi Village and Mandal vide M.Book No.389-A/Sarpanch/2017-18 vide Administrative Sanction No.GP RC NO.60(iii)/2022-23 dated 26.09.2022 of the Gram Panchayat, Karempudi, under 15th Finance Grant , as illegal and arbitrary.

3. Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 8th respondent submitted instructions of the Panchayat Secretary, Karempudi Gram Panchayat, Karempudi Mandal, Palnadu District – 8th respondent. 4

4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.1,99,943/-. After QC recovery of Rs.4,838/-, the balance amount payable to the petitioner comes to Rs.1,95,104/-.

5. In reply, Ms. D.Madhavi, learned counsel representing Smt. Modapothula Sumalatha, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.1,95,104/-.

6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.1,95,104/- payable to the petitioner. 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 & Ors1, 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 recording formal evidence.”

7. Given the submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the amount of Rs.1,95,104/- 1 2025 SCC online SC 1400 5 (Rupees One Lakh Ninety Five Thousand One Hundred and Four only) payable to the petitioner regarding execution of the aforementioned work, within two (02) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Date: 17.03.2026 SNI ___________________________ JUSTICE SUBBA REDDY SATTI 6 219 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20050 of 2025 Date: 17.03.2026 SNI