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Katragadda Siva Ramakrishna vs. The State Of Andhra Pradesh

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WP/10837/2024HC Andhra PradeshGSTCNR APHC01021487202428 July 2026Bench: SUBBA REDDY SATTI5 pages
For Petitioner: K L N SWAMYFor Respondent: GP FOR FINANCE PLANNING, GP FOR IRRIGATION COMM AREA DEV

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Cause title — parties, addresses and appearances
APHC010214872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 29th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10837/2024 Between: 1. KATRAGADDA SIVA RAMAKRISHNA, S/O K.SAMBASIVA RAO, AGED 49 YEARS, OCC . CIVIL CONTRACTOR, R/O. H. NO.11-18, VIJAYA SAI RESIDENCY, CHENCHUPETA, TENALI. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, , IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST., 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR 5. THE SUPERINTENDENT ENGINEER, , IRRIGATION CIRCLE, OPP. THE COLLECTOR OFFICE GUNTUR DIST., AT GUNTUR. 6. THE EXECUTIVE ENGINEER, KW DIVISION, TENALI, GUNTUR DIST., ...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 Page 2 of 5 pleased to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide (1) Agreement No.171KW/2021-22, Dtd.06-07- 2021 awarded by 6th respondent, the total due is an amount of Rs.8,37,8901- to the petitioner with 12PER GST and interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 16, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above complited works immediately with 12PER GST and interest and to 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 the amount of Rs.8,37,8901- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition and to 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 May be pleased to permit the petitioner to file additional material papers mention in the list of Quality Control Document, Q.C.No.3204 and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV 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.8,37,890/- in relation to the work executed by the petitioner i.e O&M Estimate for De-weeding by chemical

spraying 1st time and maintaining weed free by manual up to December 2021 in Vellaturu Channel from Km 0.000 to Km 7.500 and its connected Branches under the juri iction of No.3 Section, Vellatur, as illegal and arbitrary.

2.

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

3.

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.

4.

Today, when the matter is taken up, the learned Assistant Government Pleader for Irrigation, appearing for the respondents, submitted the written instructions of the Executive Engineer, K.W. Division, Tenali.

5.

A perusal of the said instructions indicates that the petitioner has executed the works, and the net amount payable to the petitioner is Rs.7,55,495/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions.

6.

Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.7,55,495/-. 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

1 2025 SCC online SC 1400

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 instructions, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.7,55,495/- payable to the petitioner regarding execution of the works, within two (02) months from the date of receipt of the copy of this order. With respect to the interest component concerned, the petitioner is at liberty to approach the appropriate forum. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI Date: 29.07.2026 TVN

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 290 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 10837 of 2024

Date: 29.07.2026 TVN

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.