GADDAM KESHAVA REDDY v. THE STATE OF AP

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 may be pleased to direct the respondents releasing the Final Bills of total amount worth of Rs. 26,03,408/-, 1) Amount of Rs.7,99,780/- in M.Book No. 4620 A vide Agreement dated 16.02.2024, 2) Amount Rs. 6,98,623/-, in SRS,J W.P.No.24628 of 2024 M.Book No. 4620 A vide its Agreement dated 16.02.2024 and 3) Amount of Rs. 11,05,005/- in M.Book No. 4523-B vide Token No. 2023-9007401 for execution of completion of GGMP Works under RWS&S Department and Panchayatraj Engineering Department as per agreement, to the petitioner forthwith pending disposal of the above writ petition pending disposal of the above writ petition and pass Counsel for the Petitioner:

1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri A.Bala Krishna, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appearing for the respondents.

2. The above writ petition was filed to declare the action of the respondents in not releasing the final bill amount of Rs.26,03,408/-, payable to the petitioner for execution of works i.e., 1.Construction of CC Drain at Sachivalayam and other locations in A.Gokulapadu Village of Kalluru Mandal,

2.Construction of CC Drain at SC Colony and other locations in A.Gokulapadu Village of Kallur Mandal, 3. Providing CC road near the burial ground at Pusulur Gramacpanchayat of Kallur Village. SRS,J W.P.No.24628 of 2024

3. Learned counsel for the petitioner would submit that the petitioner and the 5th respondent entered into three agreements in relation to aforementioned works. The petitioner executed works. The petitioner filed M- Books relating to works at Page No.23. Quality Control reports relating to the above works were filed as Ex.P4. In respect of 3rd work, the bill was uploaded in the CFMS portal vide sap Bill Number 2024-173454. However, the amounts in relation to the above works were not paid.

4. Learned Assistant Government Pleader submitted the instructions of Executive Engineer, RWS&S(Division), Kurnool- respondent No.5. As seen from the instructions of the 5th respondent, there is a dispute regarding the petitioner’s completion of 1 and 2 works indicated supra and also regarding the amount payable to the petitioner.

5. As seen from the material available on record, there is no dispute regarding the agreements entered into between the petitioner and the 5th respondent in relation to the aforementioned three works. In respect of works 1 and 2, the written instructions of the Executive Engineer, the 5th respondent, indicate the amount payable is Rs.14,98,509/-. With respect to 3rd work, in fact, the bill was uploaded in the CFMS portal vide sap Bill Number 2024-

173454. Thus, total amount payable to the petitioner comes Rs.26,03,604/-. Since the amount payable is admitted and undisputed, the writ SRS,J W.P.No.24628 of 2024 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.”.

6. Given the facts and circumstances, the writ petition is disposed of directing the respondents to pay the amount of Rs.26,03,604/-, in relation to the aforementioned works, within a period of four (04) 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: 02.02.2026 JLV ___________________________ JUSTICE SUBBA REDDY SATTI 1 2025 SCC online SC 1400 174 SRS,J W.P.No.24628 of 2024 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24268 of 2024 Date: 02.02.2026 JLV