Vankela Sudhakar Reddy vs. The State Of Andhra Pradesh
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The petitioner sought payment for completed works, including materials and GST, amounting to Rs. 2,14,499. The respondents withheld these payments. The court was considering a writ petition for the release of these pending amounts.
Held
The Court held that the petitioner had executed the work and was entitled to payment. Since the amount payable was admitted and undisputed, the writ petition was maintainable for the release of admitted dues.
Key Issues
The primary issue was the legality and arbitrariness of the respondents withholding payments for completed works. The court also considered the maintainability of a writ petition for the recovery of admitted dues.
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Cause title — parties, addresses and appearances
::ORDER ::
Heard Sri Smt. Devasri Roshan K., learned counsel for the petitioner; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents.
The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.2,14,499/- in relation to the works executed by the petitioner i.e. „1) Laying CC roads in Ankireddypalli BIT 2 in Balayapalli GP of SR Puram Mandal and 2) Laying of CC road in PR Road to Ankireddypalli V in Balayapalli GP of S.R. Puram Mandal, as illegal and arbitrary.
Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of respondent No.3. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.2,03,743/-. The written instructions are made as part of the record.
Learned counsel for the petitioner endorses the same.
Thus, as seen from the instructions there is no dispute regarding the execution of the aforementioned work and the petitioner‟s entitlement for Rs.2,03,743/-. 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.”
Given the instructions furnished by respondent No.3, the Writ Petition is disposed of directing the respondents to release an amount of Rs.2,03,743/- (Rupees Two Lakhs Three Thousand Seven Hundred and Forty Three only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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: 04.02.2026 IKN
1 2025 SCC online SC 1400
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 31474 of 2025
Date: 04.02.2026 IKN
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.