r IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6632 OF 2025 Between: M/s. Tirumala Constutions, Managing partner B. Subramanyam Reddy S/o. Bus! Reddy, Age 65 years, Occ: Contractor R/o. D.No.18-4-104B1 Railway Colony, Tirupati, Chittoor District ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by Principal Secretary to the Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, (Irrigation Wing), Chittoor District, Chittoor. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. The Superintending Engineer, Irrigation and Water Resources Department, Irrigation Circle, Chittoor, Chittoor District. The Executive Engineer, Water Resources Department, Irrigation Division, Chittoor District 1. 2. 3. 4. 5. / 6. ...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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Excavation of Feeder channel from Jalabudi vagu to feed (1) Chinnakka Cheruvu Vavilchenu(V) (2) Vavil chenu cheruvu near near Vavilchenu (V) (3) Venugopalapuram tank near Venugopalapuram (V) (4) Ganginayani Cheuvu near Chenchugudi(V) in Vedurukuppam (M) of Chittoor District and consequentially to direct the respondents releasing the final bills of total amount worth of Rs. 15,62,508/- along with interest @ 24% for execution of completion of works under Water Resource Department as per agreement to the petitioner forthwith. 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 releasing the Final Bill amount of Rs. 15,62,508/- along with interest @ 24% for execution of completion of works under Water Resource Department forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1, 3 to 6: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER as per agreement to the petitioner 1 APHC010124642025 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: 6632/2025 Between: M/s Tirumala Constutions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following order: ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; 2 "...to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Excavation of Feeder channel from Jalabudi vagu to feed (1) Chinnakka Cheruvu near Vavilchenu(V) (2) Vavil chenu cheruvu near Vavilchenu (V) (3) Venugopalapuram tank Venugopalapuram (V) (4) Ganginayani Cheruvu near Chenchugudi (V) in Vedurukuppam (M) of Chittoor District and conseguentially to direct the respondents releasing the final bills of total amount worth of Rs. 15,62,508/- along with interest 24% for execution of completion of works under Water Resource Department as per agreement to the petitioner forthwith and to pass...” In spite of adjourning the matter, the respondents have not near 2. filed their counter affidavit. The case of the petitioner is that the petitioner is a contractor and the 5^^ respondent has entered into an agreement with the petitioner vide agreement No.216SE/2018-19, dated 03.01.2019, for execution of work of Excavation of Feeder channel from Jalabudivagu to feed (1) Chinnakkacheruvu near Vavilchenue (V) (2) Vavilchenucheruvu near Vavilchenu (V) (3) Venugoplalapuram tank near Venugopalapuram (M) of Chittoor District, during the year 2018-2019. The petitioner has completed the work. The 6*^ respondent has issued measurement books and passed final bill for an amount of Rs. 15,62,508/-. 3. 4. Learned counsel for the petitioner submits that though the first and final bills were passed on 01.02.2025, the bills amount is not 3 paid to the petitioner. 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, 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) 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. 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”. 25) The High Court of Andhra Pradesh in J.Devendra Reddy \/ Kakatiya University and another held that withholding of the 2021 Lawsuit (AP)390 4 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 5. completed long back and the bills were passed on 01.02.2025, 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 by this Court in S. Srinivas case referred supra, the Writ Petition is disposed of, with the following directions; 6. i) Ttie respondents are directed to clear the bills submitted by the petitioner and release an amount of Rs. 15,62,508/- 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 two (2) months from the date of receipt of a copy of this order. '1'\ 5 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 //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation and Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to the Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, (Irrigation Wing), Chittoor District, 4. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. 5. The Superintending Engineer, Irrigation AND Water Resources Department, Irrigation Circle, Chittoor, Chittoor District. 6. The Executive Engineer, Water Resources Department, Irrigation Division, Chittoor District 7. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] 8. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 9. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 10. Three CD Copies. HIGH COURT DATED:17/04/2025 ORDER WP.No.6632 of 2025 # vS 2 3JUN 2025 rrentSectioOk^^ <9 -Co lL DISPOSING OF THE W.P. WITHOUT COSTS