v" V r- V IN THE HIGH COURT OF ANDHRA PRADESH AMARAV (Special Original Jurisdiction) A TUESDAY, THE TWENTY NINETH DAY OF APrI^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23624 OF 2024 \o Between; M/s. Uma Maheswara Construction Company, Banaganapalle District, Rep by its Authorized Person S.Srikanth Reddy. Nandyal ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Water Resource Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi. 3. The Executive Engineer, Water Resources Department, KC Canal Division, Nandyal, Nandyal 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 be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the may Respondents in withholding the payment of amounts even after finalizing the bills payable to the Petitioner under (l).Agreement No.84/2023-24 dated Rs.6,76,045/-, (2). Agreement No. 176-2021-22 dated 07-06-2023 for 31-07- 2021 for Rs.8,49,606/- (3). Agreement No. 177/2021-22 dated 31-07-2021 for Rs.8,57,000/- (4). Agreement No. 175/2021-22 dated 31-07-2021 for Rs.8,49,710/- and (5). Agreement No.83/2023-24 dated 07-06-2023 for Rs.6,94,183/- due to the Petitioner as arbitrary, illegal and consequently direct the Respondents to pay the bill amount Rs.6,76,045/-, Rs.8,49,606/-, 1 4 Rs.8.57,000/-, Rs.8,49,710/- and Rs.6.94,183/-, vide (l).Agreement No.84/2023 176-2021-22 dated 31-07-2021 07-2021, 4).Agreement No. Agreement No.83/2023-24 Petitioner forthwith in the interest of justice. covered by the Agreements 24 dated 07-06-2023 (2). Agreement (3)Agreement No. 177/2021-22 Dated 175/2021-22 dated 31-07-2021 dated 07-06-2023 No. 31- and (5). respectively due to the lA NO: 1 OF 9n9A Petition under Section 151 stated in the affidavit filed i - CPC praying that in the circumstances in support of the petition, the High Court pleased to direct the Respondents may be to pay the bill amount Rs.6,76,045/-. Rs.8,49,710/- and Rs.6,94,183/- Rs.8,49,606/-, Rs.8,57,000/- covered by the Agreements vide (l).Agreement No.84/2023-24 dated 07-06-2023 (2). Agreement No. 176-2021-22 dated 31-07-2021 (3). Agreement (4). Agreement No. 175/2021-22 dated and (5), Agreement No.83/2023-24 dated 07-06-2023 respectively due to the Petitioner forthwith Petition in the interest of justice. No.177/2021- 22 dated 31-07-2021, 31-07-2021 pending disposal of the Writ Counsel for the Petitioner: SRI P. Counsel for the Respondent Nos. NAGENDRA REDDY 1 & 3: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010457432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SfriS wm [3459] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23624/2024 Between: ...PETITIONER M/s Uma Maheswara Construction Company AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.P NAGENDRA REDDY 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondents in withholding the payment of amounts even after finalizing the bills payable to the Petitioner under (I).Agreement No.84/2023-24 dated 07-06-2023 for Rs.6,76,045/-, (2). Agreement No. 176-2021-22 dated 31-07- 2021 for Rs.8,49,606/- (3). Agreement No. 177/2021-22 dated 31-07-2021 for Rs.8,57,000/-, (4). Agreement No. 175/2021-22 dated 31-07-2021 for Rs. 8.49.710/-, and (5). 2 3 Agreement No.83/2023 Petitioner the bin amount -24 dated 07-06-2023 for Rs.6.94,183/- rjue to the conseguenity direct the Respondents Ps. 8,49,606/- as arbitrary, illegal and to pay Ps. 8,57,000/-, Rs. 8,49,710/- Ps. 6,76,045/-, and Rs. 6,94,183/-, No. 84/2023-24 dated covered by the Agreements vide 07-06-2023(2) Agreement No. 176-2021-22 dated 31 I^°-17772021-22 Dated 31-07-2021 m r 01-07-2021 and (6). Agreement No 837 gg ' and to n ^otthonerfodhivith and to pass such other order 0)-Agreement 07-2021, (3)Agreement Wo, 175/2021-22 dated 07-06-2023 -24 dated in the interest ofjustice, and proper in the or orders may deem fit 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 successful bidder. The 3'''^ petitioner for respondent has entered into five The petitioner has control certificate totaling Rs.8,57,000.78/-, works). agreements with the execution of various 3'"' respondent has issued measurement books works completed the work. The end also issued an amount of Rs. 39,26,546 Rs.8,49,710.50/- quality and passed final bill TTI- (Rs.6,76,045.29/-, and Rs.6,94, 183.70/- Rs.8,49,606.50/- for respective 4. Learned counsel for the petitioner submits that though the same were uploaded in CFMS portal, the final bills were approved and the respondents are not releasing the final bill amount. Though the first and final bills were 3 passed on 16.10.2023, the bills amount is not yet paid to the petitioner 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; even ‘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) -4s 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’bie 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 maybe 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) This Court has observed that though the works were completed long back and the bills were passed on 16.10.2023, the respondents have not 5. 2021 Lawsuit (AP)390 4 released the amounts there is no dispute with the respondents should so far on the ground of insufficiency of funds. Since regard to the execution of work pay the bills amount and the bills amount on “first done first paid” basis. 6. In view of the foregoing discussion by this Court in S. Srinivas case referred of, with the following directions; and in the light of the law laid down supra, the Writ Petition is disposed i) The respondents are directed to clear the bills submitted amount of Rs. by the petitioner and release an 39,26,546.77/- (Rs.6,76,045.29/-, 78/-, Rs.8,49,710.50/- and Rs.6,94,183.70/- for with interest on the said of the Division Bench of this Rs.8,49,606.50/-, Rs.8,57,000. respective works) in favour of the petitioner along amount as per the entitlement vide the judgment Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, of receipt of a copy of this order. within four (4) months from the date ii) The interest shall be the date of submission of the bill computed from the date of expiry of by the petitioner till the date of one month from payment. There shall be no order as to costs As a sequel, miscellaneous petitions pending, if any, shall stand closed. Assistant registrar //TRUE COPY// To, PFiCER 1. The Principal Secretary, Water Resource Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, State of Andhra Secretariat, Velagapudi, Amaravathi. Pradesh, 3. The Executive Engineer, Water Resources Department, KC Canal Division, Nandyal, Nandyal District One CC to Sri P. Nagendra Reddy, Advocate [OPUC] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] Three CD Copies. 4. 5. 6. 7. ssb i »M I HIGH COURT DATED:29/04/2025 ORDER WP.No.23624 of 2024 (t Current Section ^ & HOCTJOH m p DISPOSING OF THE W.P. WITHOUT COSTS