M/S. Ssdr Projects PVT.LTD vs. The State Of Andhra Pradesh

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WP/34904/2025HC Andhra PradeshGSTCNR APHC01067452202514 April 2026Bench: SUBBA REDDY SATTI5 pages

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APHC010674522025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3331] WEDNE AY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 34904/2025 Between:

1.

M/S. S R PROJECTS PVT.LTD,, REP.BY.DIRECTOR,S.DASARADHARAMIREDDY

S/O. YANADIREDDY,AGE 57 YEARS, R/O. 27-3-572, RATNAM SCHOOL STREET,A.C.NAGAR, NEAR RATNAM SCHOOL

NELLORE STONEHOUSEPET, ANDHRA PRADESH.

...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT.OF PANCHAYAT RAJ, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.

2.

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE MARKETING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

3.

THE INSTITUTIONAL OF AGRICULTURE MARKETING DEPARTMENT, REP.BY.COMMISSIONER ,GUNTUR,GUNTUR DISTRICT.

4.

THE EXECUTIVE ENGINEER, KAVALI DIVISION,NELLORE, SPSR NELLORE DISTRICT.

5.

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR

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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.58,18,212/- (Fifty Eight Lakhs, Eighteen thousand. Two Hundred and Twelve Rupees only), even after finalizing the part bills payable to the petitioner in relation to the works Urgent repairs to the road from indupuru to purine (via) Kothapalem of Allur in Allurmandal of SPSR Nellore district ,Estimate cost Rs.160.00 Lakhs,2) urgent repairs to the roads from allure gogulapalli road to Galidibballu(via) Chukavanidibbain allure mandal of SRSR Nellore District,Estimate cost Rs. 145.00 lakhs,3) East Gogulapalli branch road in Allurumandal of SPSR Nellore District Estimate cost 20.00 lakhs,4) Urgent repairs to the road from Rl Road to Rayapeta in Allurumandal of SPSR Nellore District Estimate cost 75.00 lakhs,5) Urgent repairs to the road from Rl Road to north amuluru to batrakagollu (Via) Gollapalem in Allurumandal of SPSR Nellore Distritct,Estimate Cost Rs.100.00 Lakhsan6 pass any other order or orders as this Honble Court may deem fit and proper in the interest of Justice IA NO: 1 OF 2025 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 to forthwith consider releasing the amountsRs.58,18,212/- (Fifty Eight Lakhs, Eighteen thousand, Two Hundred and Twelve Rupees only)payable to the petitioner herein, pending disposal of the writ petition and pass such Counsel for the Petitioner:

1.

DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):

1.

GP FOR PANCHAYAT RAJ RURAL DEV

2.

GP FOR AGRICULTURE

3.

GP FOR FINANCE PLANNING

The Court made the following:

::ORDER ::

The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.58,18,212/- payable to the petitioner in relation to the works executed by the petitioner i.e. (i) urgent repairs to the road from Indupuru to Purini (via) Kothapalem of Allur in Allur Mandal, (ii) urgent repairs to the road from Allur – Gogulapalli road to Galidibbalu (via) Chukkavanidibba in Allur Mandal, (iii) East Gogulapalli branch road in Allur Mandal, SPSR Nellore District; (iv) urgent repairs to the road from RI road to Rayapeta in Allur Mandal and (v) Urgent repairs to the road from RI road to North amuluru to Batrakagollu (via) Gollapalem in Allur Mandal, as illegal and arbitrary.

2.

Heard Sri Devasri Roshan K, learned counsel for the petitioner and Sri P. Rajesh Kumar, the learned Assistant Government Pleader for the Panchayat Raj and Rural Development & Finance and Planning Department, appeared for the respondents.

3.

Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PR Division, Kavali – respondent No.4. 4. A perusal of the said instructions indicates that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.71,40,707/-, and after QC recovery, i.e. Rs.10,47,637/-, the net amount payable to the petitioner is Rs.60,93,070/- (including GST). 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.

5.

Thus, as seen from the instructions, there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.60,93,070/-. 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.”.

6.

Given the instructions furnished by respondent No.4, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.60,93,070/- payable to the petitioner regarding execution of the aforementioned works, 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: 15.04.2026 TVN

1 2025 SCC online SC 1400

169 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 34904 of 2025

Date: 15.04.2026 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.