IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21050 OF 2024 Between: Nadimpalli Venkataraju, S/o.Satyanarayana Raju, Aged-55, Occ: Contractor, R/o. D.No- 1/78, Ryali Road Ubalanka (V), Ravulapalem (M), Dr.B.R.Ambedkar,Konaseema Dist. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 2. The State of Andhra Pradesh, Rep. by its Principle Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 3. The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist. 4. The District Collector, Eluru District, at Eluru., 5. The Superintendent Engineer, Irrigation Circle, Eluru. 6. The Executive Engineer, G.W. Division, Nidadavolu, Eluru District. ...Respondents 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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner works under 1. Agreement No. 01 of 2023-24 Dt- 31-05-2023 2. Agreement No. 02 of 2023-24 Dt-31-05-2023 3. Agreement No. 04|of 2023-24 Dt-31-05-2023 4. Agreement No. 05 of 2023-24 Dt-31- 05-2023 5. Agreement No. 06 of 2023-24 Dt-31-05-2023 6. Agreement No. 80 of 2022-23 Dt- 15-06-2022 7. Agreement No. 84 of 2022-23 Dt- 15-06- 2022 8. Agreement No. 92 of 2022-23 Dt-21-06-2022 9. Agreement No. 149 of 2022-23 Dt- 17-03-2023. Total nine works amount of Rs.57,48,057/- to the petitioner with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6 percent interest. lA NO: 1 OF 2024 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 to release the amount of Rs.57,48,057/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of the above writ petition Counsel for the Petitioner: SRI. K L N SWAMY Counsel for the Respondent Nos. 1, 3 to 6: GP FOR IRRI AND CAD Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010411632024 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.21050 OF 2024 Between: Petitioner Nadimpalli Venkataraju and The State of A.P., Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravati, Guntur District and 5 others Respondents Sri K.L.N. Swamy Counsel for the petitioner Counsel for the respondents G.P for Irrigation & CAD G.P for Finance and Planning The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: “ to issue order or orders, direction or directions. Writ or Writs particularly one in the nature of Writ of Mandamus or any appropriate writ declaring the action of the respondents in not paying bills for execution of works by the Petitioner under 1. Agreement No.01 of 2023-24, Dt.31.05.2023, 2. Agreement No.02 of 2023-24, Dt.31.05.202^ ? Agreement No.04 of 2023- 2 JS,J WP No.21050/2024 24, Dt.31.05.2023, 4. Agreement No.05 of 2023-24, Dt.31.05.2023, 5. Agreement No.06 of 2023-24, Dt.31.05.2023, 6. Agreement No.80 of 2022-23, Dt. 15.06.2022, 7. Agreement No.84 of 2022-23, Dt. 15.06.2022, 8. Agreement No.92 of 2022- 9. Agreement No. 149 of 2022-23, Dt. 17.03.2023. Total nine works amount of Rs.57,48,057/- to the petitioner with 6% interest till today from the date of completton of respective works as illegal, arbitrary, violation of principles of natural justice and violative of Articles, 14, 19(i)(g), 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6% interest and to pass such other order or orders ’’ 23, Dt.21.06.2022, The case of the petitioner, in brief, is that he has participated in the tender process and stood as successful bidder for 9 works. The respondent has entered into nine (9) works with the petitioner vide 9 separate agreements, out of which 5 agreements were dated 31.05.2023; 2 agreements were dated 15.06.2022, 1 agreement each was dated 21.06.2022 and 17.03.2023 respectively for execution of nine (9) works for the total amount of Rs.57,48,057/- during the years 2022-2023 and 2023-2024. The petitioner has completed all the works within the stipulated time. The respondent authorities have inspected the said works and passed the final bills for the aforesaid 9 agreement works for a total amount of Rs.46,42,289/-. 2. 3 JS,J WP No.21050/2024 3. Learned counsel for the petitioner submits that the petitioner has borrowed amounts from third parties to execute the works and is paying huge interest. Though the works are completed long back, the bills processed but the bills amount is not yet released to the petitioner. Learned counsel for the petitioner further submits that in similar circumstances, this Court in S. Srinivas v. State of Andhra Pradesh and others^ held as under: are 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 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. . 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. '21) 22) 23) 24) A larger bench of the Hon’ble Apex Court in Secretary, Irrigation Department, Government of Orissa and others V. G.C.Roy opined as extracted hereunder: “A person deprived of the use of money to which he is legitimately entitled has right to be compensated for the 2021 Lawsuit (AP) 390 4 JS,J WP No.21050/2024 deprivation, call it by any name. It may be called interest, compensation or damages". 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. ” 25) This Court has observed that though the works were completed 4. long back and the bills were passed, the respondents have not released the amounts so far on the ground of insufficiency of funds. Since there is no dispute with regard to the works and the bills amount, the respondents should pay the bills amount on “first done first paid" basis. Apart from that. priority or preference should be given to those, whose works are below Rs.50.00 lakhs as they are the affected persons. In view of my foregoing discussion and the law laid down by this Court in S. Srinivas {supra), the Writ Petition is disposed of with the following directions: 5. i) The respondents are directed to clear the bills submitted by the petitioner and release the total final bills amount of Rs.46,42,289/- within four (4) weeks from the date of receipt of a copy of this order with interest at 12% p.a. 5 JS.J WP No.21050/2024 ii) The interest shall be computed from the date of expiry of one (1) 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. Sd/- SHAIK fVIOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SE6ton officer To. Department, State of AP Secretariat Buildingo, Velagapudi, Amaravathi, Guntur Dist., Finance and Planning Department State of Andhra Pradesh, Secretariat Buildings, Velagapudf AmarLIffcuntur 3. The Engineer in Chief, Irrigation Department 4. The District Collector, Eluru District 5. The Superintendent Engineer, Irrigation 6. The Executive Engineer, G.W. Division, 7. One CC to Sri. K L N Swamy Advocate [OPUC] ^ fOUT^^^ Irrigation and CAD ^ [Oirn Finance Planning, High Court Amaravathi, Guntur Dist. at Eluru. Circle, Eluru. Nidadavolu, Eluru District. High Court of Andhra Pradesh of Andhra Pradesh 10. Three CD Copies GSC ■a, HIGH COURT DATED:03/04/2025 ORDER WP.No.21050 of 2024 « 01 MAY 2025 ^ ^ . Current Section disposing the wp WITHOUT COSTS