\ IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE | PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADaU^ WRIT PETITION NO: 25566 OF 2074 AMARAVATI :ii Between: V. Vijayakumar, S/o Babu Rao, Aged about 40 Years, Occ: D.No.1-2-106, Narukur road, Pullamma Satram Nawabpet District- AP Contractor, R/o SPSR Nellore ...PETITIONER 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Water Resources Department, A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary ( Finance Department) Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Water Resources Department Circle Nellore, Nellore District. 4. The Executive Engineer, WRD, Nellore Central Division Nellore District. 5. The Chief Executive officer, AP CFMS Office Anjaneya Towers, Ibrahimpatnam, Krishna District. AND Irrigation Nellore, SPSR / Floor C Block / ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction may more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the amounts even after finalizing the bills. payable to the petitioner in relation to the execution of works under the scheme of “Neeru Chettu i.e vide Agreement No.308 O&M 2019-20 of Principles of Natural Justice Dt.20.03.2020, illegal, arbitrary, violation Violation of Articles 14, 21 and 300- A of the Constitution of India and consequently direct the Official Respondents to pay an amount due of Rs per annum for the delayed amount to the petitioner in respect of execution of afore mentioned works forthwith. 4,50,450/- with interest 24% lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direot the respondents to forthwith release the bill amounts of Rs. per annum for the delayed amount to the 4,50,450/- with interest 24% petitioner in relation to the execution of works i.e vide Agreement No.308 O&M 2019-20 Dt.20.03.2020 pending disposal Counsel for the Petitioner: SRI AKKEM of the above writ petition. SRIHARIVIRAT Counsel for the Respondent Nos.1,3 & 4: Counsel for the Respondent Nos.2 & 5: The Court made the following; ORDER GP FOR IRRIGATION AND CAD GP FOR FINANCE & PLANNING APHC010491832024 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: 25566/2024 Between: ...PETITIONER V. Vijayakumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV 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: “...issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the amounts even after finalizing the bills payable to the petitioner in relation to the execution of works under the schema of Neeru Chettu i.e., vide Agreement No. 308 O and M 2019-20 Dt. 20.03.2020 illegal, arbitrary, violation of Principles of Natural Justice Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay an amount due of Rs.4,50,450/- with~interest 24% per annum for the delayed 2 P amount to the petitioner in respect of execution of afore works forthwith and to pass ” In spite of adjourning the matter, the not filed their counter affidavit. mentioned 2. respondents have 3. The case of the petitioner is that the petitioner is and the and 5'^ respondents have entered into an agreement with petitioner vide a contractor the agreement No.308 O&M/2019-2020, to L/S bank of dated 20.03.2020, for execution of work of Repairs Peddakalava near Talamanchi village in Kodavaluru Mandal of SPSR Nellore District, during the year 2019-2020. The petitioner has completed the work. The 4'^ respondent has issued quality control certificate and also issued for an amount of Rs.4,50,450/-. measurement books and passed final bill 4. Learned counsel for the petitioner submits has borrowed amounts from third parties to paying huge interest. Though the first and final bills that the petitioner execute the work and is 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 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, amount for which the petitioner is legitimately entitled is nothing but depriving the petitioner. Due to illegal action of withholding the non-payment of the amounts promptly by clearing the bills submitted by the petitioner ^ 2021 Lawsuit (AP)390 3 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 arbitrariness on the part of the respondents. ” 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. 22) 24) 25) 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 pkition is disposed of, with the following directions: 6. 4 In view of the foregoing discussion and in the light of the law 7. 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.4,50,450/- in favour of the petitioner along with interest on the said amount as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within four (4) weeks from the date of receipt of a copy of this order. 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.VINOD KUMAR ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1 and Water Resources Department, Secretariat Buildings, Velagapudi, 1 The Principal Secretary Irrigation State of Andhra Pradesh, A.P - Amaravathi, Guntur District. 2. The Principal Secretary ( Finance Department) State of Andhra 1, Amaravathi, Guntur District. Resources Department, Irrigation Secretariat Buildings, Velagapudi Pradesh 3. The Superintendent Engineer, Water Circle Nellore, Nellore District. 4. The Executive Engineer, WRD , Nellore Central Division, Nellore, SPSR Nellore District. 5. The Chief Executive Officer, AP CFMS Office 6th Floor CBIock Anjaneya Towers, Ibrahimpatnam, Krishna District. One CC to Sri Akkem Sriharivirat, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, Fligh Court of A.P. at Amaravati[OUT] Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] Three CD Copies. 6. 7. 8. 9. ssb ,7' if HIGH COURT DATED:17/04/2025 ORDER WP.No.25566 of 2024 S 2 3 JUN 2025 i ntSKliSB^' Sf»i Pi DISPOSING OF THE W.P. WITHOUT COSTS