\1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6659 OF 2025 Between: Water Users Association No.1, G.Singavaram, K.C.Kanal Represented by its President B.Chinna Narayana S/o.B.N.Thimappa Aged 66 years Occ; Service H.No.2-11, Edunuru Village Kurnool District, AP. ...PETITIONER AND 1. The State of AP, Rep. by its Special Chief Secretary Department of Water Resources, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Superintending Engineer, SRBC Government of Andhra Pradesh Water Resources Department K.C.Canal Division, Nandyal, Nandyal District. 4. The Executive Engineer WRD, K.C.Canal Division Government of Andhra Pradesh Water Resources Department Nandyal, Nandyal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not ( releasing the payment of net balance amount of Rs.3,46,474/-(Rup ees Three Lacs Forty Six thousand Four hundred and Seventy Four Rupees V only); vide LS I & Final Bill recorded in the M Books in respect of repairs and strengthening the R/S and L/S bank of KC Canal under the Contract of Nos.D.R.No.1783/2018-19, 29.10.2018 D.R.No.1781/2018-19 Agreement No. 1792/2018-19 dated.29.10.2018, D.R.No.1780/2018-19 Agreement No.1791/2018-19 dated.29.10.2018, D.R.No. 1787/2018-19 Agreement No. 1798/2018-19 dated.29.10.2018, D.R.No. 1784/2018-19, Agreement No. 1795/2018-19 dated. 29.10.2018 D.R.No.1782/2018-19 Agreement No.1793/2018-19 dated.29.10.2018, D.R.No.1785/2018-19 Agreement No. 1796/2018-19 dated.29.10.2018, and D.R.No. 1786/2018-19 Agreement No.1797/2018-19 dated.29.10.2018, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Constructions Repairs and strengthening the R/S Bank in B/W k.m16.000 to of D.R 17.000 of K.C. Canal, Repairs and Strengthening the L/S Bank in B/W k.m.2.200 to 3.000 of K.C. Canal; Repairs and Strengthening the L/S Bank in B/W k.m.0.800 to 2.200 of K.C: Canal, Repairs and Strengthening the R/S Bank in B/W k.m.20.500 to 22.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in BA/V k.m: 17.000 to 18.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 15.000 to 16.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 18.000 to 19.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 19.000 to 20.500 of K.C. Canal is illegal, arbitrary and consequently direct the respondents to pay for payment of total amount due of Rs.3,46,474/-(Rupees Three Lacs Forty Six thousand Four hundred and Seventy Four Rupees only), vide LS I & Final Bill recorded in the M Books with interest 24% per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith. Agreement No. 1794/2018-19 dated. " lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 for payment of total amount of Rs. 3,46,474/-(Rupees Three Lacs Forty Six thousand Four hundred and Seventy Four Rupees only), vide LS I & Final Bill recorded the M Books with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Constructions of D.R Repairs and strengthening the R/S Bank in B/W k.m16.000 to 17.000 of K.C. Canal, Repairs and Strengthening the L/S Bank in B/W k.m.2.200 to 3.000 of K.C. Canal, Repairs and Strengthening the L/S Bank in B/W k.m.0.800 to 2.200 in of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m.20.500 to 22.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 17.000 to 18.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 15.000 to 16.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 18.000 to 19.000 of K.C. Canal, Repairs and Strengthening the R/S Bank in B/W k.m. 19.000 to 20.500 of K.C. Canal forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K B RAMANNA DORA Counsel for the Respondent Nos. 1, 3 & 4: GP FOR IRRI AND CAD Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following: ORDER TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6659/2025 Between: Water Users Association No.1 ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.KB RAMANNA DORA Counsel for the Responclent(S): 1.GP FORIRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following; ORDER: In spite of adjourning the matter, the respondents have not filed their counter affidavit. 2. The case of the petitioner is that the petitioner is a registered water users association and was entrusted with works under different work agreements for repairs and strengthening the L/S and R/S bank of K.C Canal. The petitioner has completed the work. Having satisfied with the works, the 4^*^ respondent has issued measurement books and passed final bill for an amount of Rs.3,46,474/-. 3. Learned counsel for the petitioner submits that the petitioner has borrowed amounts from third parties to execute the work and is paying 2 huge interest. Though the first and final bills were passed, the bills amount 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: ‘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. 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”. 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 arbitraiiness on the part of the respondents. ” 22) 24) 25) 2021 Lawsuit (AP)390 3 4. 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 execution of work and the bills amount, the respondents should pay the bills amount on “first done first paid” basis. 5. In view of the foregoing discussion and in the light of 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.3,46,474/- in favour of the petitioner within four (4) 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/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SEC To. 1. The Special Chief Secretary, Department of Water Resources, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 'f? - 3. The Superintending Engineer, SRBC Government of Andhra Pradesh Water Resources Department K.C.Canal Division, Nandyal, Nandyal District. 4. The Executive Engineer WRD, K.C.Canal Division Government of Andhra Pradesh Water Resources Department Nandyal, Nandyal District. 5. One CC to Sri K B Ramanna Dora Advocate [OPUC] 6. Two CCs to GP for Irri 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 TF HIGH COURT DATED:08/04/2025 ORDER WP.No.6659 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS