IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH l TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAIVL WRIT PETITION NO: 688 OF 2Q2fi Between; P Vijaya Bhaskar Reddy, S/o. Sankar Reddy, Aged 52 years Contractor, r/o. 16-12-105, Flat No.GI, Guru Nilayam. Haranathapuram! 3rd Street, SPSR Nellore City and District. ...Petitioner ^ AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravati. The State of Andhra Pradesh, Rep. by its Secretary to Government, Finance and Planning Department, AP Secretariat, Velagapudi, Amaravati. The Superintending Engineer, Irrigation Circle, SPSR Nellore District Nellore. The Executive Engineer, WRD, Nellore Central Division, Nellore, SPSR Nellore District. 1. 2. 3. 4. ...Respondents - Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the the High Court may respondents in non payment of the final bill amounts to a tur>e of 1) Rs.3,25,682/- for the work r covered under Agreement N0.230and MDN/2019-20 Dated 14-10-2019, 2) Rs.3,10,641/- for the work covered under Agreement N0.240and MDN/2019-20 Dated 14-10-2019, and 3) Rs.3,15,961/- for the work covered under Agreement No.310and MDN/2019-20 Dated 14-10-2019, totaling to an amount of Rs.9,52,284/- even after issuance of Quality Certificate and Work Completion and defect liability period as illegal, arbitrary and consequently direct the respondents to pay the bill amounts to a tune of Rs.9,52,284/- along with END, FSD, GST and other Security Deposits without any further delaying the interests of justice. p.TV lA NO: 1 OF 2025 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 amounts to a tune of Rs.9,52,284/- towards the final bill amounts for the works covered under i) Agreement N0.230&MDN/2019-20 Dated 14-10-2019, ii) Agreement N0.240&MDN/2019-20 Dated 14-10-2019, and iii) Agreement NO.310&MDN/2019-20 Dated 14-10- 2019,pending disposal of the Writ Petition. Counsel for the Petitioner: SRI. RAHUL REDDY CHAGANTI Counsel for the Respondent Nos. 1, 3 & 4: GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010012542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3459] PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 688/2025 Between: P.Vijaya Bhaskar Reddy ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.RAHUL REDDY CHAGANTI Counsel for the Respondent(S): 1.GP FOR IRRl AND CAD 2.GP FOR FINANCE PLANNING The Court made the following order: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of the final bill amounts to a tune of 1) Rs. 3,25,682/- for the work covered under Agreement NO.23O&MDN/2019-20 Dated 14-10-2019, 2) Rs.3,10,641/-for the work covered under Agreement No.24O&MDN/2019-20 dated 14-10-2019, and 3) Rs.3,15,961/- for the work covered under Agreement NO.31O&MDN/2019-20 Dated 14-10-2019, totaling to an amount of Rs. 9,52,284/- even after issuance of Quality Certificate and Work Completion and defect liability period as illegal, arbitrary and consequently direct the respondents to pay the bill amounts to a tune of Rs.9,52,284/- along with EMD, FSD, GST and other Security Deposits without any further delay in the interests ofjustice and pass such further 2 or other orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. ” 2. In spite of adjourning the matter today, the respondents have not filed their counter affidavit. 3. The petitioner is the successful bidder for three works of removal of silt (Obstructions) from the bed of Kanupur Main Canal from Km.25.050 to Km 27.000 in Nellore Rural Mandal of SPSR Nellore District. The 4^^ respondent has entered into three agreements for all the works on 14.10.2019. The petitioner has completed the works and the respondents have paid part of the bills of three works. The respondents have prepared final bills and also issued quality control certificates on 09.10.2020. The respondents have paid part bill amount of Rs. 15,97,168/- withholding an amount of Rs. 1,35,164/- and thereafter final bill was prepared for an amount of Rs.1,90,518/- as such, the petitioner is entitled for Rs.3,25,682/- towards balance amount for the agreement No.230&MDN/2019-20, dated 14.10.2019. The respondents have paid part bill amount of Rs.15,23,407/- withholding an amount of Rs.1,28,922/- and thereafter final bill was prepared for an amount of Rs.1,81,719/- as such, the petitioner is entitled for Rs.3,10,641/- towards balance amount for the agreement NO.24O&MDN/2019-20, dated 14.10.2019. The respondents have paid part bill amount of Rs.15,49,491/- withholding an amount of Rs.1,31,130/- and thereafter final bill was prepared for an amount of Rs.1,84,831/- as such, the petitioner is entitled for an amount of 3 Rs.3,15,961/- towards balance amount for the agreement NO.31O&MDN/2019-20, dated 14.10.2019. Hence, the respondents have to release amounts to a tune of Rs.9,52,284/- towards final bill amounts for all the three works done by the petitioner. Even after completion of works, the respondent authorities have not paid the bills amounts till today to the petitioner. Learned counsel for the petitioner submits that the petitioner has borrowed amounts from third parties to execute the works and is 4. paying huge interest. Though the bills were prepared on 09.10.2020, the bills amount of Rs.9,52,284/- is not yet paid to the petitioner even after lapse of four years. The learned counsel for the petitioner further submits that, in similar circumstances, this Court in S.Srinivas Vs. State of Andhra Pradesh and others^ held as under. 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, the petitioner’s right to life with respect and dignity will be deteriorated. As such, the petitioner’s right to life with respect and dignity will be defeated which is violative of Article 21 of the Constitution of India. ‘21) 2021 Lawsuit (AP)390 4 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. ” This Court has observed that though the works were completed long back and the bills were prepared on 09.10.2020, the respondents have not released the bills amount 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. 5. In view of the foregoing discussion and the law laid down by this Court in S.Srinivas (supra), this Writ Petition is allowed with the 6. following directions: 5 % i) The respondents are directed to clear the bills submitted by the petitioner and release an amount of Rs.9,52,284/- within two (2) 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 bill 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/- V SAVITRl GOWRI ASSISTANT REGISTRAR //TRUE COPY// 'section OFFICER I To, The Principal Secretary, Water Resources Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati. 1. 2. The Secretary to Government, Finance and Planning Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati. 3. The Superintending Engineer, Irrigation Circle, SPSR Nellore District, Nellore. 4. The Executive Engineer WRD, Nellore Central Division, Nellore, SPSR Nellore District. 5. One CC to Sri Rahul Reddy Chaganti Advocate [OPUC] 6 Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh ’ [OUT] 7. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh ’ [OUT] 8. Three CD Copies GSC HIGH COURT DATED:27/03/2025 ORDER WP.No.688 of 2025 0 2 MAY ?Q?5 m . Current Section ALLOWING THE WP WITHOUT COSTS