IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3758 OF 2025 ■ f?i ^ ( f Between: Karampudi Srinivasulu Reddy, S/o. K.V. Krishna Reddy, R/o. D.No.27-1- 1046, Lakshmi Nagar, Balaji Nagar, Nellore, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Special Chief Secretary, Department of Irrigation and Water Resources Secretariat, Velagapudi, Guntur District. 3. The Commissioner, CADA and Secretary to Government, Vijayawada, Krishna District. 4. The Superintending Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 5. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore SPSR Nellore District. 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna 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 order, writ or direction more particularly one in the may <5 nature of Writ of Mandamus declaring the releasing the final bill amount of Rs. ^ interest for the work executed i action of the respondents in not 12,83,987/- to the petitioner along with ¥ in pursuance of the agreement entered into with the 5th respondent herein vide Agreement 22 dated 15.12.2021 No. 324 O and M/DN/2021- as Illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount Rs. 12,83,987/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5th respondent vide Agreement No. 324 O&M/DN/2021-22 dated 15.12.2021 to the petitioner forthwith. lA NO: 1 OF 2()9Pi 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 undisputed final bill amount of Rs. 12,83,987/- to the petitioner along with interest for the work executed m pursuance of the Agreement entered into with the 5th Agreement No. 324 O&M/DN/2021-22 dated respondent vide 15.12.2021, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAMESH BABU Counsel for the Respondent Nos.1 & 6: Counsel for the Respondent Nos.2 to 5: The Court made the following; ORDER TALLURI GP FOR FINANCE & PLANNING GP FOR IRRIGATION & CAD APHC010068702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3459] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 3758/2025 Between: Karampudi Srinivasulu Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAMESH BABU TALLURI Counsel for the Respondent(S): 1.GP FOR IRRI ANDCAD 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 to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the final bill amount of Rs. 12,83,987/- to the petitioner along with interest for the work executed in pursuance of the agreement entered into with the 5th respondent herein vide Agreement No. 324 O and M/DN/2021-22 dated 15.12.2021 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release undisputed final bill amount Rs. 12,83,987/- to, the petitioner along with interest for the work L_ ■ ^ executed in pursuance of the vide Agreement No. 324 O petitioner forthwith and to proper in the circumstances of the In spite of adjourning the counter affidavit. agreement entered into with the 5th and M/DN/2021-22 dated pass such other order or orders case." respondent 15.12.2021 to the may deem fit and 2. matter, the respondents have not filed their 3. The case of the petitioner is that the petitioner has tender process and the S'*" petitioner vide participated in the respondent has entered into an agreement with the agreement No.324 O & M/2021-22 execution of works relating to Repairs dated 15.12.2021, for to damaged masonry of Irrigation near Padugupadu Village in Kovur Mandal of SPSR Neliore canal District. The petitioner has completed the work. The 5*^ respondent has issued quality measurement books and passed final bill control certificate and also for an amount of Rs.12,83,987/-. 4. Learned counsel for the borrowed amounts from third interest. Though the first and final bills amount is not yet paid to the petitioner learned counsel for the petitioner further this Court in S, Srinivas Vs. under; petitioner submits that the petitioner has paying huge were passed in the year 2023, the bills even after lapse of two years. The submits that in similar circumstances, State of Andhra Pradesh and others^ held parties to execute the work and iIS as ‘21) In the considered opinion of this Court, which the petitioner is legitimately entitled withholding the amount for IS nothing but depriving the petitioner. 2021 Lawsuit (AP)390 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”. 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 obsorved that though the works were completed long back and the bills were passed in the year 2023, 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. 25; 5. 6. 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; i) The respondents are directed to clear the bills submitted by the petitioner and release an amount of Rs. 12,83,987/- in favour of the petitioner within six (6) 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/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To, 1. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Special Chief Secretary, Department of Irrigation and Water Resources, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 3. The Commissioner, CADA and Secretary to Government, Vijayawada, Krishna District. 4. The Superintending Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 5. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore SPSR Nellore District. 6. The Pay and Accounts Officer, Works and Accounts, D.No.29-2-52, Manasa Complex, Rama Mandiram Street, Governorpet, Vijayawada, Krishna District. 7. One CC to Sri Ramesh Babu Talluri, Advocate [OPUC] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb 4?* HIGH COURT DATED:22/04/2025 ORDER /O •v\ ov 0 3 JUN 2025 '^£^SPATCV^iS^ WP.No.3758 of 2025 o DISPOSING OF THE W.P. WITHOUT COSTS