Manasa Constructions vs. The State Of Andhra Pradesh
Original PDF →Facts
The petitioner, Manasa Constructions, sought release of final bills for two works, totaling Rs. 24,90,573/- plus GST, which they claimed were completed as per agreements. The respondents acknowledged the completion of the first work but cited pending budget release and quality control certificates for the second work.
Held
The Court directed the respondents to release Rs. 26,03,176.80/- for the first work within three months, acknowledging it as an admitted and undisputed amount. For the second work, the petitioner was granted liberty to file a fresh writ petition.
Key Issues
The primary issue was the non-release of admitted bill amounts for completed works. The court also considered the maintainability of a writ petition for a money claim and the procedure for the second work.
Sections Cited
Section 151
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
::ORDER ::
The above writ petition was filed to declare the action of the respondent authorities in not releasing the bill amount of Rs.20,27,133/- in respect of work i.e. removal of weed growth from Sivaganga Major drain and its infalling minor drains for the year 2024-25, and Rs.4,63,440/- in respect of work i.e. removal of weed growth in minor drains under Pamidimukkala Mandal for the year 2024-25, as illegal and arbitrary.
Heard learned counsel for the petitioner, and the learned Assistant Government Pleader for the Irrigation and Finance & Planning Department, appeared for the respondents.
Learned counsel for the petitioner would submit that pursuant to the agreements, the petitioner has executed the aforementioned works and the same was verified by the respective authorities, as per the timelines stipulated in the agreement. However, the amount has not yet been paid.
A counter-affidavit was filed on behalf of respondent No.
It was contended that in respect of the 1st work, the Quality Control certificate was issued and awaiting budget from the Government. Soon after the Government releases the budget, the bills shall be uploaded on the Nidhi portal for payment. In respect of the 2nd work, it was stated that the Quality Control Certificate is to be issued by the Quality Control Division, Vijayawada.
In para No.5 of the counter-affidavit, it was stated that the respondent No.7 issued M.Book in favour of the petitioner for an amount of Rs.26,03,176.80/- and Rs.3,56,801/-. Further, the Quality Control certificate was issued for the 1st work for an amount of Rs.26,03,176.80/-, excluding the tender premium.
Learned counsel for the petitioner would submit that liberty may be granted to the petitioner to file a fresh writ petition in respect of the 2nd work.
Thus, as seen from the counter-affidavit filed on behalf of respondent No.7, there is no dispute regarding the execution of the 1st work and the petitioner’s entitlement for Rs.26,03,176.80/-, excluding the tender premium. 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 averments made in the counter-affidavit filed on behalf of respondent No.7, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.26,03,176.80/- payable to the petitioner in relation to 1st work, within three (03) months from the date of receipt of the copy of this order.
1 2025 SCC online SC 1400
(i) The petitioner is at liberty to file a fresh writ petition in respect of the 2nd work. (ii) With respect to the 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: 22.07.2026 TVN
Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 18393 of 2025
Date: 22.07.2026 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.