IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28127 OF 2024 Between: Kalahasthi Hemanth Varma, S/o.Kalahasthi Hazarathayya, Age. 37 years, Occ. Contractor,R.No.D.No.3-1-999,Setti Gunta Road Near Venkataramana Rice Mill, Nellore District ...PETITIONER AND 1. The State of AP, Rep. by its Principle Secretary, Irrigation Department Secretariat Buildings, Velagapudi, Guntur District 2. The State of Andhra Pradesh, Rep. by its Principle Secretary,Finance and Planning Department Secretariat Buildings, Velagapudi, Guntur District 3. The Engineer In Chief, Irrigation Department, Amaravathi. 4. The District Collector, Nellore District. 5. The Superintendenting Engineer, Irrigation Central Division, Nellore District 6. The Executive Engineer, Nellore Central Division, Nellore 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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of works by the Petitioner works under Dt. 21-11-2019 2. Agreement 3. Agreement No. 125/0 & M/2019-20, Dt. 22-11-2019 4. Agreement NO.126/0 & M/2019-20 Dt 22 11 PniQ c a agreement ’ ^2-11-2019 5. Agreement NO.127/O&M/2019- 20, Dt. 22-11-2019 6. Agreement No. 7. Agreement No.191/0 & M/2019-20 1. Agreement NO. 108/0 & M/2019-20 NO. 124/0 & M/2019-20 Dt. 22-11-2019 129/0 & M/2019-20, Dt. 22-11-2019 Dt. 24-02-2020 Total seven works amount of Rs.37,14,495/- to the petitioner with 6 % interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the consequently direct the respondents to release the for the above completed works immediately with 6 % interest. Constitution of India, bills 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 direct the respondents to release the amount of Rs.37,14 495/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI K L N SWAMY Counsel for the Respondent Nos. Counsel for the Respondent No.2: The Court made the following: ORDER 1, 3 to 6: GP FOR IRRI AND CAD GP FOR FINANCE & PLANNING sgsm^! APHC010515712024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] Mi FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28127/2024 Between: Kalahasthi Hemanth Varma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent{S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following ORDER: In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. The case of the petitioner is that the petitioner is a civil contractor and was allotted seven works under O&M program during the year 2010-2020. The 6**^ respondent has entered into agreement with the petitioner for various works and the petitioner completed the works as per the schedule. Having satisfied with the works, the 6*^ respondent issued quality control certificates 2. 2 and measurement books and passed final bill totaling an amount of Rs.37,14,495/-. Learned counsel for the petitioner submits that the petitioner has 3. borrowed amounts from third parties to execute the work and is paying huge interest. Though the first and final bills were passed in the year 2020, the bills amount is not yet paid to the petitioner even after lapse of five 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: 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. 71) /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) A larger bench of the Hon’ble Apex Court in Secretary, Irrigation Department, Government of Orissa and others \/. G.C.Roy opinied as extracted hereunder: 24) “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”. 2021 Lawsuit (AP)390 3 The High Court of Andhra Pradesh in J.Devendra Reddy y 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 4. 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. In view of the foregoing discussion and in the light of the law laid down 5. 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.37,14,495/- in favour of the petitioner within twelve (12) 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/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// ^STofficer SEC To, 1. The Principle Secretary, Irrigation Department Secretariat Buildings, Velagapudi, Guntur District. 2. The Principle Secretary, Finance and Planning Department Secretariat Buildings, Velagapudi, Guntur District The Engineer In Chief, Irrigation Department, Amaravathi. The District Collector, Nellore District. The Superintendenting Engineer, Irrigation Central Division, Nellore District The Executive Engineer, Nellore Central Division, Nellore District One CC to Sri K L N Swamy, Advocate [OPUC] Two CCs to GP for Irri and CAD, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] Three CD Copies 3. 4. 5. 6. 7. 8. 9. 10 TF HIGH COURT DATED:25/04/2025 0 3 JUN 2035 ^ , Current Section X in s. ORDER WP.No.28127 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS