IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25523 OF 2024 Between: Shaik Jani, S/o.Syaida Saheb, aged about 47 years, R/o.D.No.8-22-57 2nd Lane, Sitarama Nagar, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. The Superintending Engineer, Irrigation Circle, Dowleswaram, East Godavari District-533125. The Executive Engineer, Y.l.Division, Peddapuram, Kakinada District. The Deputy Executive Engineer, Y.l.Sub-Division, Samalkota, Kakinada District. The Assistant Executive Engineer, Y.l.Section No.1, Pithapuram, Kakinada District. 2. 3. 4. 5. 6. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the First and Final Bill an amount of Rs.6,94,305/-, to the petitioner, in respect of the Work Agreement No.07/2023-24, dated Removal of weed growth from Upparkhandi Canal and its Offtake channels, formation of cross bunds under WUA No.25 Gollaprolu, during the year 2023-24 Khariff, being illegal, arbitrary and violation of, Article 14, 19(1)g and 21 of the Constitution of India and constitutional direct the respondents forthwith to pay the First and Final Bill an amount of Rs.6,94,305/-, out of Gross amount of Rs.7,50,803, to the petitioner in respect of the Work Agreement No.07/2023-24, dated 15.06.2023, for execution of Removal of weed growth from Upparkhandi Canal and its Offtake channels, formation of cross bunds under WUA No.25 Gollaprolu during the year 2023-24 Khariff. 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 pay the First and Final Bill an amount of Rs.6,94,305/-, to the petitioner in respect of the Work Agreement No.07/2023-24, dated 15-06-2023 for execution of Removal of weed growth from Upparkhandi Canal and its Offtake channels, formation of cross bunds under WUA No.25 Gollaprolu during the year 2023-24 Khariff pending disposal of the above writ petition. Counsel for the Petitioner: SRI. MADHAVA RAO NALLURI Counsel for the Respondents Nos. 1, 3 to 6: GP FOR IRRI AND CAD Counsel for the Respondents No.2: GP FOR FINANCE PLANNING The Court made the following order: APHC010494592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3459] PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25523/2024 Between: Shaik Jani ...PETITIONER AND The State of Andhra Pradesh and others Counsel for the Petitioner; 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR IRRI ANDCAD 2.GP FOR FINANCE PLANNING ...RESPONDENT(S) 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the First and Final Bill an amount of Rs.6,94,305/-, to the petitioner, in respect of the Work Agreement No.07/2023-24, dated 15.06.2023, for execution of removal of weed growth from Upparkhandi Canal and its Offtake channels, formation of cross bunds under WUA No. 25 Gollaprolu, during the year 2023-24 Khariff, being illegal, arbitrary and violation of Article 14, 19(1)g and 21 of the Constitution of India and consequently direct the respondents forthwith to pay the First and Final Bill an amount of 2 Rs.6,94,305/-, out of Gross amount of Rs.7,50,803, to the petitioner in respect of the Work Agreement No.07/2023-24, dated 15.06.2023, for execution of Removal of weed growth from Upparkhandi Canal and its Offtake channels, formation of cross bunds under WUA No. 25 Gollaprolu during the year 2023-24 Khariff and pass such other order or orders may deem fit and proper in the circumstances of the case.” 2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. 3. The case of the petitioner is that the petitioner has participated in the tender process and stood as a lowest bidder. The 4**^ respondent has entered into an agreement with the petitioner vide agreement No.7/2023-24, dated 15.06.2023, for execution of work of removal of weed growth from Upparkhandi Canal and its offtake channels and formation of cross bunds under WUA No.25, Gollaprolu, during the year 2023-2024. The petitioner has completed the work. The 7 Ih respondent has issued quality control certificate and also issued measurement books and passed final bill for an amount of Rs.6,94,305/-. Learned counsel for the petitioner submits that the petitioner has borrowed amounts from third parties to execute the work and is paying huge interest. Though the first and final bills were passed on 27.01.2024, the same are not yet processed even after lapse of one year. The learned counsel for the petitioner further submits that in 4. 3 Similar circumstances, this Court in S. Srinivas Vs. State of Andhra Pradesh and others^ in which this Court held as extracted hereunder: r r ‘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 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. 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 I V Khkatiya 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. ” 24) 6. This Court has observed that though the works were completed long back and the bills were passed on 27.01.2024, the respondents have not released the amounts so far on the ground of insufficiency of 2021 Lawsuit (AP)390 4 funds. Since there is no dispute with regard to the work 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 below Rs.50.00 lakhs as they are the to those whose works are affected persons. In view of the foregoing discussion, the Writ Petition is allowed. 7. with the following directions: directed to clear the bills submitted by the i) The respondents are and release the payments within four (4) weeks from today petitioner with interest at 12% p.a. interest shall be computed from the date of expiry of one month of submission of the bill by the petitioner till the date of ii) The from the date payment. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any. shall stand closed. Sd/- K. SRINIVASA RAJU assistant REGISTRAR^ seC^^^Tofficer //TRUE COPY// To. 1. The Principal Secretary, Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. 3. The Superintending Engineer, Irrigation Circle, Dowleswaram, East Godavari District-533125. 4. The Executive Engineer, Y.l.Division, Peddapuram, Kakinada District. 5. The Deputy Executive Engineer, Y.l.Sub-Division, Samalkota, Kakinada District. 6. The Assistant Executive Engineer, Y.l.Section No.1, Pithapuram, Kakinada District. 7. One CC to Sri. Madhava Rao Nalluri Advocate [OPUC] 8. Two CCs to GP for Irrigation and CAD, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies GSC HIGH COURT DATED:25/03/2025 ORDER WP.No.25523 of 2024 S 09 APR 2825 ^ . Current Section ALLOWING OF THE WP WITHOUT COSTS