Sri Dharma Shasta Contractors Vs the State of Andhra Pradesh

SRI DHARMA SHASTA CONTRACTORS, OFC. AT D. NO. 18-91, KONDAPETA, BANAGANAPALLE, NANDYALA DISTRICT, ANDHRA PRADESH - 518 124 REP. BY ITS MANAGING PARTNER APPAJU MURALIMOHAN RAO

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PR RD RWS EFS T DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR CHAIRMAN DISTRICT MINERAL FOUNDATION, DISTRICT COLLECTORATE, NANDYALA, NANDYALA DISTRICT.

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THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYALA, NANDYALA DISTRICT.

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SRS,J W.P.No.4539 of 2025

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THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, BANAGANAPALLE, NANDYALA DISTRICT

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THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYALA, NANDYALA DISTRICT

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...RESPONDENT(S):

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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 topleased to issue a Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents in not releasing funds amounting to Rs. 82,36,250 even after successful completion of the work and after finalizing the bills in connection with (a) Providing Gravel road from Dastagiri Swamy Darga to Mettupalli Peddamma Temple at Konapuram V of Owk M of Kurnool having Measurement Book no. (1) 1626A1 which was sanctioned by way of Progs. RC No. 80/DMF/SEPR/KNL/2021 dated 29.01.2022 (b) Providing Internal CC roads with side drains in Telugupeta of PalukurV, Banaganapalli M in Nandyal District having Measurement Book no. 3045-A which was sanctioned by way of Progs. No. 07PR/DMF/BPL/NDL/2022 dated 02.2023 (c) Providing gravel road from G.Singavaram to Konda rasta at G.Singavaram of Owk(M) in Nandyal District having Measurement Book no. 3075-A which was sanctioned by way of Progs.No. 07/DMF/BPL-GR/ND L/2023 dated 31.08.2023 (d) Providing Gravel road from Peddakopperla to Kyapa field road in Peddakopperla of Koilakuntia Mandal having Measurement Book no. 3112-A which was sanctioned by way of Progs. No. 07/DMF/BPL-GR/NANDYAL/2023 dated 30.10.2023 (e) Providing internal CC roads with side drains in BC locality at lllurukothapeta(V) of Banaganapalli(V M) in Nandyal District having Measurement Book no. (1) 3232-A which was sanctioned by way of Progs. RC No. 07/PR/DMF/BPL/NDL/2022 dated _.05.2023 and (f) Providing Gravel road from Peddarajupalem to Pasupala fields at Peddarajupalem(V) of Banaganapalli(VM) of Nandyal District having Measurement Book no. (1) 3252-A which was sanctioned by way of Progs. RC. No. 07/DMF/BPLGR/NDL/2023 dated 31.08.2023 as violative of Articles 14 and 19 of Constitution of India and declare the actions of the Respondents as illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.

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SRS,J W.P.No.4539 of 2025

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82,36,250/- with interest 24 per annum for the delayed amount till date of realization and pass

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IA NO: 1 OF 2025

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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 pleased to DIRECT the Respondents releasing funds amounting to Rs. 82,36,250/- even after successful completion of the work and after finalizing the bills in connection with (a) Providing Gravel road from Dastagiri Swamy Darga to Mettupalli Peddamma Temple at Konapuram(V) of Owk(M) of Kurnool having Measurement Book no. (1) 1626-A1 which was sanctioned by way of Progs. RC No. 80/DMF/SEPR/KNL/202 1 dated 29.01.2022 (b) Providing Internal CC roads with side drains in Telugupeta of Palukur(V), Banaganapalli(M) in Nandyal District having Measurement Book no. 3045-A which was sanctioned by way of Progs. No. 07PR/DMF/BPL/ND L/2022 dated .02.2023 (c) Providing gravel road from G.Singavaram to Konda rasta at G.Singavaram of Owk(M) in Nandyal District having Measurement Book no. 3075-A which was sanctioned by way of Progs.No. 07/DMF/BPLGR/NDL/2023 dated 31.08.2023 (d) Providing Gravel road from Peddakopperla to Kyapa field road in Peddakopperla of Koilakuntia Mandal having Measurement Book no. 3112-A which was sanctioned by way of Progs. No. 07/DMF/BPL-GR/NANDYAL/2023 dated 30.10.2023 (e) Providing internal CC roads with side drains in BC locality at lllurukothapeta(V) of Banaganapalli(V&M) in Nandyal District having Measurement Book no. (1) 3232-A which was sanctioned by way of Progs. RC No.07/PR/DMF/BPL/NDL/2022 dated .05.2023; and (f) Providing Gravel road from Peddarajupalem to Pasupala fields at Peddarajupalem(V) of Banaganapalli(V&M) of Nandyal District having Measurement Book no. (1) 3252-A which was sanctioned by way of Progs. RC. No. 07/DMF/BPLGR/NDL/2023 dated 31.08.2023, pending disposal of the main writ petition; and pass

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Counsel for the Petitioner:

1.VARUN BYREDDY

SRS,J

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W.P.No.4539 of 2025

Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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2.GP FOR MINES AND GEOLOGY

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The Court made the following order :

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Heard Ms M. Deepika, learned counsel representing Sri Varun Byreddy, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1, 4 and 5 and learned Assistant Government Pleader for Mines and Geology, for respondents 2, 3 and 6.

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The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.82,36,250/- payable to the petitioner in relation to the works executed by it i.e. „1) Providing gravel road from Dastagiri Swamy Darga to Mettupalli Peddamma Temple at Konapuram Village of Owk Mandal of Kurnool District; 2) Providing internal CC roads with side drains in Telugupeta of Palukur Village, Banaganapalli Mandal, Nandyal District; 3) Providing gravel road from G. Singavaram to Konda rasta at G. Singavaram of Owk Mandal in Nandyal District; 4) Providing gravel road from Peddakopperla to Kyapa Field Road in Peddakoperla of Koilakuntla Mandal; 5) Providing internal CC roads with side trains in BC locality at Illurukotapeta Village of Banaganapalli Village and Mandal in Nandyal District; and 7) Providing gravel road from Peddarajupalem to Pasupala Fields at Pedarajupalam Village of Banaganapalli Village and Mandal of Nandyal. District, as illegal and arbitrary.

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Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer (FAC), PR(PIU) Division, Nandyal.

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SRS,J W.P.No.4539 of 2025

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A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.48,71,261/-. The net amount payable to the petitioner after statutory recovery of Rs.7,38,554/-, is Rs.41,32,707/-. The instructions would further disclose that out of the above six works, the fourth and fifth works are the subject matter of W.P.Nos.27446 of 2024 (C.C.No.694 of 2026) and W.P.No.26414 of 2025 respectively. The written instructions are made as part of the record.

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Learned counsel for the petitioner endorses the same. Learned counsel submits that the deficit Court Fee is paid, and a memo, dated 31.03.2026, along with e-Pay receipt, is filed.

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Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned works and the petitioner‟s entitlement for amount of Rs. 41,32,707/-. 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:

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“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 jurisdiction. 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.”

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1 2025 SCC online SC 1400

SRS,J

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W.P.No.4539 of 2025

Given the instructions furnished by the Executive Engineer (FAC), PR(PIU) Division, Nandyal, the Writ Petition is disposed of directing the respondents to release an amount of Rs. 41,32,707/- (Rupees Forty One Lakhs Thirty Two Thousand Seven Hundred and Seven only) payable to the petitioner regarding execution of aforementioned works, within five (05) months from the date of receipt of the copy of this order.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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___________________________ JUSTICE SUBBA REDDY SATTI

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Date: 31.03.2026 IKN

Sri Dharma Shasta Contractors v. the State of Andhra Pradesh

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Sri Dharma Shasta Contractors v. the State of Andhra Pradesh

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