BharatTaxGST

G Venkateswara Rao vs. The State Of Ap

Original PDF →
WP/4949/2026HC Andhra PradeshGSTCNR APHC01007712202629 April 2026Bench: SUBBA REDDY SATTI5 pages
For Petitioner: ANNAMNEEDI BALAKRISHNAFor Respondent: GP FOR PANCHAYAT RAJ RURAL DEV, MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING, CORPORATION LIMITED), GP FOR FINANCE PLANNING

No AI summary yet for this judgment.

Cause title — parties, addresses and appearances
APHC010077122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4949/2026 Between: 1. G VENKATESWARA RAO, S/O. VENU GOPALA RAO AGED ABOUT 55 YEARS, R/O. D.NO. 1-31, GANESHAN VEDHI, SN GOLLAPALEM, KRISHNA DISTRICT-521001. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT-522237. 3. THE A P STATE HOUSING CORPORATION LTD, 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI-522501, REP. BY ITS MANAGING DIRECTOR. 4. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT-521001. 5. THE ENGINEERINCHIEF, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA NTR DISTRICT-520001. 6. THE SUPERINTENDENT ENGINEER, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA NTR DISTRICT-520001. Page 2 of 5 7. THE EXECUTIVE ENGINEER, PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT-521001 ...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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments of Rs. 80,00,000/-, even after finalizing the bills, payable to the petitioner in relation to the works for Amount of Rs. 40,00,000/-, for the work Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -I Layout in Machilipatnam (Urban) (Layout ID- 068118LA000776) Part-1, 2) Amount of Rs. 40,00,000/-, for the work Land Levelling 1st stage in YSR Jagananna Housing Colony in 18th Ward Gilakaladindi Block -1 Layout in Machilipatnam (Urban) (Layout ID 068118LA000776) Part-2 under Non-OTS Critical Infrastructure Grant, is as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 80,00,000/- GST forthwith for the above said works executed by the petitioner 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 respondents to consider for payment of amount of Rs. 80,00,000/- + GST for the works executed by the petitioner for Filling of Low-lying Lands in YSR Jagananna layout colonies of Krishna District i.e., pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 3. GP FOR FINANCE PLANNING Page 3 of 5

The Court made the following order: Heard, Sri Annamneedi Balakrishna, learned counsel for the petitioner, and Sri P.Rajesh Kumar, learned Assistant Government Pleader for the Panchayat Raj and Rural Development and Finance and Planning for the respondents.

2.

The above writ petition was filed to declare the action of the respondents in not releasing amount of Rs.80,00,000/- payable to the petitioner in relation to the work executed i.e., Levelling of Housing Layout in 18th Ward Gilakaladindi of Machilipatnam urban (Block-I), Part – 1 and 2, as illegal and arbitrary.

3.

Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer, PRI Division, Machilipatnam – 4th respondent, dated 31.03.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.56,75,642/-. After withhold/statutory recovery of Rs.7,80,295/-. Out of the same, an amount of Rs.24,31,783/- was already paid to the petitioner, and the balance amount payable to the petitioner is Rs.24,63,564/-.

5.

Learned counsel for the petitioner endorses the same.

6.

Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned work and the petitioner’s entitlement for Rs.24,63,564/-. 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 1 2025 SCC online SC 1400

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 furnished by the Executive Engineer, PRI Division, Machilipatnam – 4th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.24,63,564/- (Rupees Twenty Four Lakhs Sixty Three Thousand Five Hundred and Sixty Four only) payable to the petitioner regarding execution of aforementioned work, within 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.

___________________________ JUSTICE SUBBA REDDY SATTI Date: 30.04.2026 SNI

166 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 4949 of 2026

Date: 30.04.2026 SNI

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.