K. Krishna Prasad vs. The State Of Andhra Pradesh - Andhra Pradesh High Court, 04 August 2026

Cause title — parties, addresses and appearances

APHC010167952026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9219/2026 Between: 1. K. KRISHNA PRASAD, S/O. K. VENKATESWARA RAO, AGED ABOUT 43 YEARS, R/O. D.NO. 9/779, NIZAMPETA, MACHILIPATNAM, KRISHNA DISTRICT -521001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND CAD WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522503. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522503. 3. THE DISTRICT COLLECTOR IRRIGATION WING, DR.B.R AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM - 533201. 4. THE ENGINEER INCHIEF, MINOR AND MAJOR IRRIGATION DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, KRISHNA DISTRICT - 520001. 5. THE COMMISSIONER, COMMAND DEVELOPMENT AUTHORITY (CAD) WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT-520001. 6. THE SUPERINTENDING ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENT IRRIGATION CIRCLE, DOWLESWARAM - 533125. 7. THE EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION, RAMACHANDRAPURAM, DR.B.R AMBEDKAR KONASEEMA Page 2 of 5 DISTRICT - 533287. ...RESPONDENT(S): 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 declare the inaction on part of the respondents herein not releasing the total final bills amount worth of Rs. 3,03,853/- plus 18 percent GST, 1) Amount of Rs. 3,03,853/-, vide its Agreement No. 42D/2024-25, Dt 3.07.2024, with interest of execution of completion of works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Article 14, 16, 21 of Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 3,03,853/- plus 18 percent GST for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith, and pass 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 to direct the respondents releasing the Final Bills of total amount worth of Rs. 3,03,853/- + 18 percent GST, for execution of completion of works under Water Resource Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following:

::ORDER ::

The above writ petition was filed to declare the action of the respondent authorities in not releasing the bill amount of Rs.3,03,853/- including GST @ 18% in relation to the works executed by the petitioner, as illegal and arbitrary.

Heard learned counsel for the petitioner, and the learned Assistant Government Pleader for Irrigation and Finance & Planning Department, appeared for the respondents.

Learned counsel for the petitioner would submit that pursuant to the agreements, the petitioner has executed the works and the same were verified by the respective authorities, as per the timelines stipulated in the agreements. However, the amount has not been paid so far.

Today, when the matter is taken up, the learned Assistant Government Pleader for Irrigation and Finance & Planning Department, appearing for the respondents, submitted the written instructions of the Executive Engineer, Godavari Eastern Division, Ramachandrapuram.

A perusal of the said instructions indicates that the petitioner has executed the works, and the net amount payable to the petitioner is Rs.3,37,460/-. The written instructions are made as part of the record.

Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.3,37,460/-. 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 juri iction. 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.”.

1 2025 SCC online SC 1400

Given the instruction, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.3,37,460/- (i.e. including GST) payable to the petitioner regarding execution of the works, within one (01) month 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.

___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.08.2026 TVN

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 141 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 9219 of 2026

Date: 05.08.2026 TVN