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: 6771 OF 2025 Between: M/s. RCNR Constructions, Rep by its Managing Partner, Rayavarapu Chinna Narasimha Reddy, S/o. Nadipi Narasimha Reddy, aged about 40 years, R/o. LIG 114, APHB Colony, Korrapadu Road, Proddatur Mandal, YSR Kadapa District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary Finance and Planning Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Kadapa, YSR Kadapa District. 4. The District Collector, Nandyal, Kurnool District. 5. The Superintendent Engineer, K.C. Canal Division, Nandyal Kurnool District. 6. The Executive Engineer, W.R.D K.C. Canal Division, Nandyal, Kurnool District. 7. The Assistant Pay and Accounts Officer, (Works and Accounts) Nandyal, Kurnool 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 Writ or Order or a direction, more particularly in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs. 1,50,162/- (Rupees One Lakhs Fifty Thousand One * Hundred Sixty Two only) due to the petitioner for the execution of works under Providing CC Walls in place of existing damaged lining portion at Km 6.600 of Kamanur Distributary of K.C. Main Canal near Chapadu Mandal in Kadapa District vide Agreement dated 22.06.2023, as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest at 24% P.A., to the petitioner. near 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 pay an amount Rs. 1,50,162/- (Rupees One Lakhs Fifty Thousand One Hundred and Sixty Two only) due to the petitioner for the execution of works under “Providing CC Walls in place of existing damaged lining portion near at Km ”6.600 of Kamanur Distributary of K.C. Main Canal near Chapadu Mandal in Kadapa District” vide Agreement dated 22.06.2023, pending disposal of WP. No of 2025 before this Hon’ble Court. Counsel for the Petitioner: SRI S DUSHYANTH REDDY Counsel for the Respondent Nos. 2 to 6: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 1 & 7: GP FOR FINANCE & PLANNING The Court made the following: ORDER BpftXL TUESDAY, THE TW-ETJT-Y-EIFTH DAY OF MAROd TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6771/2025 Between: M/s. RCNR Constructions ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: I.S. DUSHYANTH REDDY Counsel for the Respondent(S): 1.GP FOR IRRI 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 Writ or Order or a direction more particularly in the form of writ of mandamus declaring the action of the Respondents In not making payment of Rs.1,50,162/- (Rupees One Lakhs Fifty Thousand One Hundred Sixty Two) only due to the petitioner for the execution of works under Providing CO Walls in place of existing damaged lining portion near at Km 6.600 of Kamanur Distributary of K 0 Main Canal near Chapadu Mandat in Kadapa District vide Agreement dated 22.06.2023 as highly Illegal Irregular arbitrary unreasonable unjustified unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and conseguently direct the Respondents to make the payment of aforementioned amount forthwith along with interest at 24 percent P.A., to the petitioner and pass such other order 2 or orders may deem fit and proper in the circumstances of the case. 2. In spite of adjourning the matter, 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 6'" respondent has entered into an agreement with the petitioner vide agreement No.222/2023-24, dated 22.06.2023, for execution of work of providing CC walls in place of existing damaged lining portion near at km 6.600 of Kamanur Distributory of K.C. Main Canal near Chapadu Mandal, Kadapa District. The petitioner has completed the work. The 6"^ respondent has issued measurement books and passed final bill for an amount of Rs.1,50,162/-. 4. 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 09.08.2023, the bills amount is not yet paid to the petitioner even after lapse of two 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: on In the considered opinion of this Court, withholding the amount for which the petitioner is legitimately entitled Is nothing ‘21) ^ 2021 Lawsuit (AP)390 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 opinled 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 Kakatlya 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. ” 22) 24) 25) 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 funds. Since there is no dispute with regard to the execution of work and the bills amount, the respondents should pay the bills amount “first done first paid” basis. 5. on 4 6. 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. 1,50162/- in favour of the petitioner 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/-SHAIK MOHD RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTfeNOFFICER To, 1. The Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The Principal Secretary, Irrigation Department, Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Kadapa, YSR Kadapa District. 4. The District Collector, Nandyal, Kurnool District. ^ Superintendent Engineer, K.C. Canal Division, Nandyal, Kurnool L^iSirici. Dilticr''''^'''^ Engineer, W.R.D K.C. Canal Division, Nandyal, Kurnool 7. The Assistant Pay and Accounts Officer, Nandyal, Kurnool District. 8. One CC to Sri S Dushyanth Reddy, Advocate [OPUC] ^ [OuVf^^ Irrigation and CAD, High Court of Andhra [OUTf Finance & Planning, High Court of Andhra 11. Three CD Copies A.P. Secretariat (Works and Accounts), Pradesh. Pradesh. TF HIGH COURT DATED:08/04/2025 ORDER WP.No.6771 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS