IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI *!on) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE v/ PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2690 OF 2025 (Special Origina.. o W \ u C >■/> Between: Mannemala^va Dheeraj Reddy, S/o.Mannemala Sukumar Reddy, Aged about 34 years, Occ: Business, R/o. Flat No.504,Maruthi Grand Apartment, Teaehers colony, Musunur Village, Kavali Mandal,SPSR Nellore District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Irrigation Department, A.P. Secretariat, Velagapudi Amaravathi, Guntur District, Andhra Pradesh - 522 238. The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Finance Department, A.P. Secretariat, Velagapudi Amaravathi, Guntur District, Andhra Pradesh - 522 238. v The District Collector, Nellore SPSR Nellore District. The Superintending Engineer, Irrigation Circte, Nellore, Nellore District. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 1. 2. 3. 4. 5. ...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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of works in NO.337/O&M/DN/2020-2021 terms of the Agreement 17.12.2020, dated Agreement v" 338/O&M/DN/2020-2021, for the works executed by the petitioner under the Scheme of O & M (Operations and Maintenance) Program, approved for payment, even after completion of defect liability period and inspite of repeated'■requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Hon’ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment. tA 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 forthwith pay the final bill amounts payable to the Petitioner in relation to the works executed by him under the scheme of O & M programme with the Agreement No. 3377o&M/DN/2020 - 2021 dated 17.12.2020, Agreement 338/C)&M/DN/2020- 2021, for the works executed by the petitioner with the totaj cost of Rs. 15,65,372/-, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI T. VENU GOPAC/ Counsel for the Respondent Nos.1,3,4 & 5: GP FOR IRRIGABON & CAD Counsel for the Respondent No.2: GP FOR FINANCE ANb PLANNING The Court made the following: ORDER APHC010042992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2690/2025 Between: ...PETITIONER Mannemala Deva Dheeraj Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.T VENU GOPAL 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 an order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of works in terms of the Agreement Agreement 338/0&M/DN/2020-2021, for the works executed by the petitioner under the Scheme of O & M Operations and Maintenance Program approved for payment even after completion of defect liability period and in spite of repeated requests as illegall, NO.337/O&M/DN/2020-21 dated 17.12.2020 2 arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300A of the Constitution of India apart from being contrary to the orders of this Hon’ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements along with interest accrued on the said amounts from the due date till the date of payment and pass such ” In spite of adjourning the matter, the respondents have not filed their counter affidavit. 2. 3. The case of the petitioner is that the petitioner is a contractor and the 5*^ respondent has entered into agreements with the petitioner vide Agreement No.337/0&M/DN/2020-2021, and Agreement No.338/0&M/DN/2020-2021, dated 17.12.2020, for execution of work of removal of silt and Weed in Turimerla tank and Pedaputhedu tank off & take sluice channels in Dagadarthi (M) of SPSR Nellore District, during the year 2020-2021. The petitioner has completed the work. The 5^^ respondent has issued quality control certificate and also issued measurement books and passed final bill for an amount of Rs.15,65,372/-. Learned counsel for the petitioner submits that though the first and final bills were passed in the year 2021, 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 circumstances, this Court in S. Srinivas Vs. State of Andhra Pradesh and others^ held as under: 4. similar 2021 Lawsuit (AP)390 3 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. •21) 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. 22) 24) 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 arbitrariness on the part of the respondents.” 25) \ 5. This Court has observed that though the works were completed long back and the bills were passed in the year 2021, 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. 4 6. In view of the foregoing discussion laid down by this Court in S. Srinivas case referred Petition is disposed of, with the following directions: i) The respondents petitioner and release petitioner along with interest and in the light of the law supra, the Writ are directed to clear the bills submitted by the an amount of Rs. 15,65,372/- in favour of the on the said amount entitlement vide the judgment of the Division as per the Bench of this Court in and batch of cases dated 12.10.2023 receipt of a copy of this order. Writ Appeal No. 724 of 2021 within four (4) weeks from the date of ii) The interest shall be month from the date of submission date of payment. computed from the date of expiry of one of the bill by the petitioner till the There shall be no order as to costs. As a sequel, miscellaneous stand closed. petitions pending, if any, shall Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Irrigation Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238. - 2. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238. 3. The District Collector, Nellore SPSR Nellore District. 4. The Superintending Engineer, Irrigation Circle, Nellore, Nellore District. %V ^ 5. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 6. One CC to Sri T. Venu Gopal, Advocate [OPUC] 7. Two CCs to GP for Irrigation and CAd, High Court of A.P. at Amaravati[OUT] 8. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 9. Three CD Copies. ssb ri : HIGH COURT DATED:17/04/2025 ORDER WP.No.2690 of 2025 1^ JUL 2025 to ^ . Current Secnon DISPOSING OF THE W.P. WITHOUT COSTS