IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI . (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29301 OF 2024 Between: B Satyanarayana, S/o. B. Lakshmi Narayana, Aged 70 years, Chairman - works committee, R/o. Pedakandlagunta Village and Gram Panchayat Kondepi Mandal, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation/Rural Water Supply and Sanitation Dept., Velagapudi, Amaravathi, Guntur District. 3. The Executive Engineer, R.W.S. and S. Sub-Division, Ongole, Prakasam District. 4. The Deputy Executive Engineer, R.W.S. and S. Sub-Division, Singarayakonda, Prakasam District. 5. The Assistant Executive Engineer, R.W.S. and S. Division Prakasam District. Ongole, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate Writ, Order or direction more % particularly one in the nature of Writ of Mandamus the respondents in non-payment of the bill declaring the action of amount of Rs.2,52,183/- out of No 50/A-2021 issued under NPI Rs.4,50,000/- with interest vide M-BOOK Grant (HUDCO), after completion of execution of Work i.e., 'Providing water supply to YSR Jagananna Colony for houses construction purpose’ at Pedakandlagunta layout In Pedakandlagunia Village, Kondepi Mandal arbitrary, illegal, discriminatory as unjust and unconstitutional and pay the sum of Rs.2,52,183/- and One hundred eighty three at the rate of 12percent per consequentially direct the respondents to (Rupees Two lakhs Fifty Two Thousand Only) under NPI grant with the interest from the due date till realization. annum lA NO: 1 OF 7094 Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances m support of the petition, the High Court may be respondents to forthwith pay an amount of Rs.2.52,183/- out of Rs.4,50,000/- with interest vide M-BOOK No 50/A- 2021 issued under NPI Grant (HUDCO) Work i.e., after completion of execution of Providing water supply to YSR Jagananna Colony for houses Pedakandlagunta layout in Pedakandlagunia Village, Kondepi Mandal under NPI Grant with the interest at the rate of construction purpose 12% per annum from the due date above writ petition. till realization pending disposal of the Counsel for the Petitioner: SRI. V VINOD Counsel for the Respondent No. Counsel for the Respondent Nos 2 to 5: The Court made the following order: K REDDY 1: GP FOR FINANCE PLANNING GP FOR IRRIGATION AND CAD r' APHC010559322024 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 3459 FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.29301 OF 2024 Between: B. Satyanarayana. Petitioner and The State ofA.P., Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District and 4 others Counsel for the petitioner Counsel for the respondents Respondents Sri V. Vinod K. Reddy 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-payment of the bill amount of Rs.2,52,183/- out of Rs.4,50,000/- with interest vide M-BOOK NO.50/A-2021 issued under NPI Grant (HUDCO) completion of execution of Work i.e., “Providing water supply to after 2 V JS,J WP No.29301/2024 YSR Jaganna Colony for houses construction purpose” at Pedakandlagunta layout in Pedakandiagunta Village, Kondepi Mandal, as arbitrary, illegal, discriminatory, unjust and unconstitutional and consequentially direct the respondents to pay the sum of Rs.2,52,183/- (Rupees Two Lakhs Fifty Two Thousand and One hundred eighty three only) under NPI grant with the interest at the rate of 12% per annum from the due date till realization and to pass such other order or orders ” The case of the petitioner, in brief, is that he 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.2021-22, dated 31.01.2022, for execution of the work of providing water supply to 2. YSR Jagananna Colony for houses construction purpose at Pedakandlagunta layout in Pedakandlagunta Village within a period of three (3) months from 31.01.2022. The petitioner has completed the work. The 4*" respondent has issued the Measurement Book and passed bill for an amount of Rs.2,52,183/-. 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 work is completed long back, the bills are not yet processed even after lapse of three years. Learned counsel for the petitioner further submits that in similar circumstances, this Court in S. 3. 3 JSJ WP No.29301/2024 Shnivas v. State of Andhra Pradesh and others^ held as extracted hereunder: ’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. yAs 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. 22) 23) 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: 24) “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”. 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) i 1 2021 Lawsuit (AP) 390 4 JS,J WP No.29301/2024 This Court has observed that though the works were completed 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 work and the bills amount, the respondents should pay the bills amount on “first done first paid’ basis. Apart from that. 4. 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, the Writ Petition is allowed. 5. with the following directions: i) The respondents are directed to clear the bills submitted by the petitioner and release the payments within four (4) weeks from today 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 Sd/-B.PRASADA RAO assistant registrar closed. //TRUE COPY// SECTION OFFICER To, Finance Department, State of Andhra Pradesh 1. The Principal Secretary Velagapudi, Amaravathi, Guntur District. Principal Secretary, Irrigation/Rural Water Supply and Sanitation of Andhra Pradesh, Velagapudi, Amaravathi, Guntur 2. The Dept., State District. w 3. The Executive Engineer, R.W.S. and S. Sub-Division, Ongole, Prakasam District. 4. The Deputy Executive Engineer, R.W.S. and S. Sub-Division, Singarayakonda, Prakasam District. 5. The Assistant Executive Engineer, R.W.S. and S. Division, Ongole, Prakasam District. 6. One CC to Sri. V Vinod K Reddy Advocate [OPUC] 7. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Irrigation and CAD, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC HIGH COURT DATED:28/03/2025 ORDER WP.No.29301 of 2024 S' 5? ANOl* ■<2 s 2 <1 APR 2«25 Current Section ALLOWING OF THE WP WITHOUT COSTS