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Penmetsa Venkata Raju vs. The State Of Andhra Pradesh

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WP/4493/2026HC Andhra PradeshGSTCNR APHC01007491202617 March 2026Bench: SUBBA REDDY SATTI4 pages
For Petitioner: MURALI KRISHNA YELISETTI

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Cause title — parties, addresses and appearances
APHC010074912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4493/2026 Between: 1. PENMETSA VENKATA RAJU,, S/O. SATYANARAYANA RAJU, MALE, AGE- 48 YEARS, R/O. PLOT NO.02, ANNAPURNA APARTMENT, SAJJAPURAM, TANUKU., 534211 WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATHI- 522237. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPT, OFFICE AT 1ST FLOOR, BLOCK NO-2 A.P SECRETERIAT, VELAGAPUDI, AMARAVATHI- 522237. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT PVS ICON BUILDING, NH SERVICE ROAD, PATHURU X ROADS, TADEPALLI, GUNTUR DISTRICT., 522 501. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, EIURU, NOW ELURU DISTRICT., 534001. 5. THE DY EXECUTIVE ENGINEER, PRI SUB-DIVISION, TANUKU, Page 2 of 4 WEST GODAVARI DISTRICT- 534211. 6. THE MANDAL ENGINEERING OFFICER, MANDAL PARISHAD, TANUKU- 534211. 7. THE VELPURU GRAM PANCHAYT, VELPURU VILLAGE, TANUKU MANDAL, WEST GODAVARI DISTRICT. 534 222 REP BY ITS SECRETARY ...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 to declare the action of the respondents in Not Releasing the Admitted Bills to the Petitioner for Z.P works Completed under SDF (2018-19) Fund Grants, material and Labour supplied by the petitioner for Construction of (1) Multi purpose Hall at Rajakulapeta and (2) Construction of Multipurpose Hall at Velpuru Village of Tanuku Mandal, West Godavari District., vide M.Book No. 344/PR/ELR/2014 - 15 for an amount Rs.3,96,113 plus GST and M.Book No. 364/PR/ELR 2014-15 for an amount Rs.1,69,306 plus GST Total An Amount of Ps. 5,65,419 plus GST as illegal, arbitrary and Violation of principles of natural justice, consequently direct to the Respondents to release the Admitted Bill Amounts plus GST to the Petitioner 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 to Direct the Respondents release the Admitted Bill Amounts to the petitioner M.Book No. 344/PR/ELR/2014-15 and M,Book No. 364/PR/ELR/201445 for the Z.P works Completed under SDF Fund Grants, material and Labour supplied by the petitioner for Construction of two (2) Multi purpose Hall's in Velpuru Village of Tanuku Mandal, West Godavari District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MURALI KRISHNA YELISETTI Counsel for the Respondent(S): Page 3 of 4 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following:

ORDER

Heard Sri Y.Murali Krishna., learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents.

2.

The above writ petition was filed to declare the action of the respondents in not Releasing the Admitted Bills to the Petitioner for Z.P works Completed under F (2018-19) Fund Grants, material and Labour supplied by the petitioner for Construction of (1) Multi purpose Hall at Rajakulapeta and (2) Construction of Multipurpose Hall at Velpuru Village of Tanuku Mandal, West Godavari District., vide M.Book No. 344/PR/ELR/2014-15 for an amount Rs.3,96,113 plus GST and M.Book No. 364/PR/ELR 2014-15 for an amount Rs.1,69,306 plus GST Total An Amount of Ps. 5,65,419 plus GST, as illegal and arbitrary.

3.

Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Executive Engineer, PR PIU Division, Bhimavaram.

4.

A perusal of the said instructions would disclose that the total value of the work done by the petitioner comes to Rs.5,96,347/- and the net amount payable to the petitioner after statutory deductions of Rs.26,027/- comes to Rs.5,70,320/-. The written instructions are made as part of the record.

5.

Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.5,70,320/-. 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 the 4th respondent, though there is a small variation in the amount claimed by the petitioner and the amount determined by the official, as payable to the petitioner, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,70,320/- (Rupees Five Lakhs Seventy Thousand Three Hundred and Twenty only) payable to the petitioner regarding execution of the aforementioned work, within three (03) 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 PVD

1 2025 SCC online SC 1400

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.