APHC010007582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 612/2025 Between: N V V Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G SIMHADRI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: JS,J W.P.No.612 of 2025 2 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not release amounts (1) Rs.6,20,162/- Pack-Agreement No.28 D/2022-23, dated 02.12.2023, for removal of Weed Growth on Rajolu Quarry Channel, No.1 Side, No.2 Side Channels of Samalkot Canal During Khariff & Rabi Seasons in 2022-2023, (2) Rs.4,92,435/- Pack/Agreement No. 27/2022-23, dated 02.12.2023, for Removal of Weed Growth Madiki and Choppella wua s for Khariff and Rabi Seasons in 2022-2023, (3) Rs.8,13,428/- Pack/Agreement No.27 D/2022- 23, dated 13.12.2023, for Removal of Weed Growth on Jangaldoddi Channel Pedapudi Channel and other Distributaries under W R Section Tossipudi during Khariff and Rabi Seasons in 2022-23, (4) Rs.2,00,000/- D.R.No.83/2021- 22, dated 22.01.2022, for Repairs to Arrest the Leakages for 4 Arms and scour Sluices for 3-Deltas of Sir Arthur Cotton Barrage Dowlaiswaram to Arrest the Leakages during Rabi Season for the Period from 01.12.2021 to 30.04.2022 therefore. Total Rs.21,26,025/-, even after finalizing the bills in spite of repeated requests as illegal arbitrary unreasonable and violative of Articles 14 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release Second and Final amount in my favour along with interest 24 p.a. in favour of Petitioner along with interest 24 p.a. and pass such further order or orders…………” (in verbatim) JS,J W.P.No.612 of 2025 3 2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavit/written instructions. 3. The case of the petitioner is that the petitioner has participated in the tender process and stood as a lowest bidder. The respondent authorities have entered into four agreements with the petitioner for execution of removal of weed growth during khariff and rabi seasons and to repair the leakages for four arms and scour sluices for deltas. The petitioner has completed the works and the respondent authorities recorded the same in the measurement books and also issued quality control certificates. The respondents have also prepared four bills for a total sum of Rs.21,23,795/- in December, 2023. 4. Learned counsel for the petitioner submits that the petitioner has engaged men and machinery to complete the work and borrowed amounts from third parties to execute the work and is paying huge interest. Though the bills were passed in December, 2023, the bills amount is not yet paid to the petitioner. The learned counsel for the petitioner further submits that in similar circumstances, this Court in S. Srinivas Vs. State of Andhra Pradesh and others1 held as under: “21) In the considered opinion of this Court, withholding the amount for which the petitioner is legitimately entitled is nothing but depriving the petitioner. Due to illegal action of non-payment 1 2021 Lawsuit (AP)390 JS,J W.P.No.612 of 2025 4 of the amounts promptly by clearing the bills submitted by the petitioner after execution of works, the petitioner could not feed and see the welfare of his family properly and he could not make payments to his employees/workers and he could not make payments to the material suppliers and he has to pay interests for the debts incurred by him for execution of works. Due to this situation, petitioner’s respect and dignity in the society will be deteriorated. 22) As such this Court holds that withholding the amount, for which the petitioner is legally entitled, is illegal, arbitrary, and unjust and violative of Article 21 of the Constitution of India. 24) A larger bench of the Hon’ble Apex Court in Secretary, Irrigation Department, Government of Orissa and others V. G.C.Roy opinied as extracted hereunder: “A person deprived of the use of money to which he is legitimately entitled has right to be compensated for the deprivation, call it by any name. It may be called interest, compensation or damages”. 25) The High Court of Andhra Pradesh in J.Devendra Reddy V Kakatiya University and another held that withholding of the amount payable to the petitioner for the contract works, constitutes patent arbitrariness on the part of the respondents.” 5. This Court has observed that though the works were completed long back and the bills were prepared in December, 2023, the respondents have not released the amount so far on the ground of insufficiency of funds. Since there is no dispute with regard to the execution of works and the bills amount, the respondents should pay the bills amount on “first done first paid” basis. Apart from that, priority JS,J W.P.No.612 of 2025 5 or preference should be given to those whose works are below Rs.50.00 lakhs as they are the affected persons. 6. In view of the foregoing discussion and the law laid down by this Court in S. Srinivas case referred supra, the Writ Petition is disposed of, with the following directions: i) The respondents are directed to clear the bills submitted by the petitioner and release an amount of Rs.21,23,795/- (Rupees twenty one lakh twenty three thousand seven hundred ninety five only) to the petitioner within twelve (12) weeks from the date of receipt of a copy of this order with interest at 12% p.a. ii) The interest shall be computed from the date of expiry of one month from the date of submission of the bills by the petitioner till the date of payment. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM 24th April, 2025 cbs JS,J W.P.No.612 of 2025 6 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.612 of 2025 24th April, 2025 cbs