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Sri Esukapalli Nagaraju vs. The State Of Andhra Pradesh

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WP/14724/2026HC Andhra PradeshGSTCNR APHC01026678202614 July 2026Bench: SUBBA REDDY SATTI5 pages
For Petitioner: Thota DharmendraFor Respondent: GP FOR REVENUE

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Cause title — parties, addresses and appearances
APHC010266782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14724/2026 Between: 1. SRI ESUKAPALLI NAGARAJU, S/O. NARASIMHA RAJU, AGED ABOVE MAJOR, R/O. D.NO.4-48, BYRAVARAPATNAM, MANDAVALLI, ELURU DISTRICT, A.P-521345. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCE DEPARTMENT, SECRETARIAT BUILDIHGS, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 3. THE COMMISSIONER, , COMMAND AREA DEVELOPMENT AUTHORITY, HANUMANPETA, VIJAYAWADA, ANDHRA PRADESH- 52003. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM-534201. 5. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, ANDHRA PRADESH. 6. THE SUPERINTENDENT ENGINEER, , DRAINAGE DIVISION, BHIMAVARAM, WEST GODAVARI, AP-534202. Page 2 of 5 7. THE EXECUTIVE ENGINEER, , DRAINAGE DIVISION, BHIMAVARAM, WEST GODAVARI, AP-534202. 8. THE DIRECTOR, , PAY AND ACCOUNTS, FINANCE DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order to declare the action of the respondents in not paying the admitted bills for execution of work vide. 1). Agreement No.22/2024-2025, dated.10.07.2024, an amount of 10,03,346/- and GST 2).Agreement No.23/2024-25 dated 10- 07-2024 for an amount of Rs. 10,92,907/- and GST, 3). Agreement No.51/2024-25 dated 31-08-2024 for an amount of Rs. 10,10,092/- with GST and total amount of Rs.31,06,345/- and GST/other charges is illegal, arbitrary, violative of the principles of natural justice and Articles 14, 19(1 )(g), and 21 of the Constitution of India, and consequently to direct the respondents to release/pay admitted amount an amount of Rs.31,06,345/- and GST/other charges 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 to pay the admitted bills for execution of work vide. 1). Agreement No.22/2024-2025, dated. 10.07.2024, an amount of 10,03,346/- and GST 2).Agreement No.23/2024-25 dated 10-07-2024 for an amount of Rs. 10,92,907/- and GST, 3). Agreement No.51/2024-25 dated 31-08-2024 for an amount of Rs. 10,10,092/- with GST and total amount of Rs.31,06,345/- and GST/other charges to the petitioner forthwith, pending disposal of Writ Petition, and pass Counsel for the Petitioner: 1. Thota Dharmendra Counsel for the Respondent(S): 1. GP FOR REVENUE Page 3 of 5 2. GP FOR IRRI AND CAD 3. 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 amount of Rs.31,06,345/- in relation to the works executed by the petitioner, pursuant to Agreement No.22/2024-25, dated 10.07.2024, Agreement No.23/2024-25, dated 10.07.2024 and Agreement No.51/2024-25, dated 31.08.2024, 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 work 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, Drainage Division, Bhimavaram.

5.

A perusal of the said instructions indicates that the petitioner has executed the works, and the gross amount payable to the petitioner is Rs.24,57,962/-. In status column, it was mentioned that ‘Bill processed & waiting for LOC’. 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.24,57,962/-. 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.”.

7.

Given the instructions, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.24,57,962/-, after statutory deductions, if any, payable to the petitioner regarding the execution of the work, within three (03) months from the date of receipt of the copy of this order. With respect to interest component, 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: 15.07.2026 TVN

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 1 2025 SCC online SC 1400

232 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 14724 of 2026

Date: 15.07.2026 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.