I % \ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM ^ WRIT PETITION NO: 497 OF 2025 / Between: Siri Engineering Works, Rep its Prop Nagulapalli Chittiah, S/o. Venkateswara Rao, Aged about 61 years. Contractor, R/o Sri Hari Enclave, Plot No.301, Near Gandhi Bommalu, Kasturbaipet, Vijayawada. ...PETITIONER AND 1. The State of Andhra Pradesh, rep.by Principal Secretary, Irrigation and Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, CAD, Vijayawada, Government of Andhra Pradesh, Vijayawada, N.T.R. District. 4. The Andhra Pradesh Comprehensive Financial Management System, (CFMS), 6th Floor, C-Block- Anjaneya Towers, Ibrahimpatnam, Krishna District, rep.by its Chairman. 5. The Engineer-in-Chief(IW), Water Recources Department, A.P. Vijayawada, Krishna District. 6. The Superintending Engineer(Marine), Administrative Building, Near Kumbhabishekham Bridge, APMB, Kakinada, East Godavari District. 7. The Executive Engineer, Marine Division, Administrative Building, Near Kumbhabishekham Bridge, APMB, Kakinada, East Godavari District. 8. The Executive Engineer, Mechanical AND. Dredging Division, Opposite - Old Port, Railway Station, Jawahar Jetty, Kakinada, East Godavari District. 9. The Chief Executive Officer, APMB, Mangalagiri, Guntur 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not release amounts in respect of Renovation of Hopper Barges B.H.IJ at Kakinada Port, Second AND Final amount as Certified as Rs. 9,46,160/- and Rs.l,24,500/-(for Reimbursement of Payment towards the charges for engaging Technical person to supervise the entire work. Degree Holder for 75 days at Rate 935-00, Rs.70,125,000/- Diploma Holder for 75 days at Rate 725-00, Rs54,375,000/- Total, Rs. 1,24,500/- issued Certificate by the Assistant Engineer(FAC) and Dy. Executive Engineer, D AND N Sub-Division, Kakinada dated 02-02-2020) Retained Amount of Rs. 1,50,000/-, therefore. Total Rs. 12,20,660/., pay the admitted Balance bill amount in respect of the Agreement dated 28-12-2018 for the year 2020-21, even after finalizing the bills, in spite of repeated requests as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release Second AND Final amount in my favour along with interest @24 p.a.. in favour of Petitioner along with interest @24 p.a. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein forthwith to release balance in respect of Renovation of Hopper Barges B.H.I.J at Kakinada Port. Second & Final amount as Certified amounts as Rs. 9,46,160/- and Rs.l,24,500/-(for Reimbursement of Payment towards the charges for engaging Technical person to supervise the entire work. Degree Holder for 75 days at Rate 935-00, Rs.70,125,000/- Diploma Holder for 75 days at Rate 725-00 Rs54,375.000/- Total, Rs. 1,24,500/- issued Certificate by the Assistant Engineer(FAC) and Dy. Executive Engineer, D & N Sub-Division Kakinada dated 02-02-2020) Retained Amount of Rs. 1,50,000/-, therefore. Total Rs. 12,20,660/., pay the Second & Final amount as in respect of the Agreement dated 28-12-2018 for the year 2020-21, along with interest @24% p.a., pending disposal of the Writ Petition. Counsel for the PetitionerSRI G SIMHADRI Counsel for the Respondents No.1,3,5 to 9: GP FOR IRRIGATION COMM AREA DEVELOPMENT Counsel for the Respondents No.2,4: GP FOR FINANCE The Court made the following: ORDER c APHC010007472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3459] b; PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 497/2025 Between; M/s.Siri Engineering Works ...PETITIONER AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.G SIMHADRI Counsel for the Respondent(S): 1.GPFORFIN 2.GP FOR IRRIGATION COMM AREA DEV 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not releasing amounts in respect of Renovation of Hopper Barges B.H.I.J at Kakinada Port, Second and Final amount as Certified as Rs.9,46,160/- and Rs.1,24,500/-(for Reimbursement of Payment towards the charges for engaging Technical person to supervise the entire work Degree Holder for 75 days at Rate 935-00, Rs.70,125,000/- Diploma Holder for 75 days at Rate 725-00, Rs.54,375,000/- Total Rs. 1,24,500/- issued Certificate by the Assistant Engineer (FAC) and Dy. Executive Engineer, D & N Sub-Division, Kakinada dated 02-02-2020) Retained Amount of Rs. 1,50,000/-, therefore Total Rs. 12,20,660/-, pay the admitted Balance bill amount in respect of the Agreement dated 28-12-2018 for the year 2020-21, even after finalizing the bills, in spite of repeated requests as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith release Second and Final amount in favour of Petitioner along with interest @24 p.a., and pass such further order or orders as the Hon ble Court may deem fit and proper in the circumstances of the case.” (in verbatim) to 2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavit/written instructions. 3. The case of the petitioner is that the petitioner has participated in the tender process and stood as a lowest bidder. The 6**^ respondent has entered into an agreement with the petitioner vide agreement No. 18/2018-19, dated 28.12.2018, for renovation of Hopper Bargers H, I, and J at Kakinada Port. The petitioner completed the entire work B, and the same was recorded in M-Book and the respondents also issued quality control certificate. However, the respondents have not released the 2"^^ and final bill amount to the petitioner till today. 4. Learned counsel for the petitioner submits that the petitioner has borrowed amounts from third parties to execute the work and is paying huge interest. Though the 2 nd and final bill was prepared on 3 25.02.2020, the respondents are not releasing the 2 amount payable to the petitioner even after lapse of six 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. As such, the petitioner’s right to life with respect and dignity will be deteriorated. As such, the petitioner’s right to life with respect and dignity will be defeated which is violative of Article 21 of the Constitution of India. nd and final bill 21) 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 opined as extracted hereunder: ‘A person deprived of the use of money to which he Is legitimately entitled has right to be compensated for the ^ 2021 Lawsuit (AP)390 4 >7’ 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 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. 5. Learned Government Pleader for Irrigation submits that the petitioner has not filed any material to release an amount of Rs.1,24,500/- and Rs.1,50,000/- v^hich were retained by the respondents, and the material shows that he is entitled only for a net amount of Rs.9,46,160/-. Therefore, he prays that a direction may be restricted only for the net amount of Rs.9,46,160/-. 6. In reply, learned counsel for the petitioner submits that liberty may be granted to the petitioner to file a writ petition with regard to the payment of balance amounts of Rs.1,24,500/- and Rs.1,50,000/-. This Court has observed that though the works were completed long back and the 2"^ and final bill for an amount of Rs.9,46,160/- was prepared on 25.02.2020, the respondents have not released the 2 and final bill amount so far on the ground of insufficiency of funds. Since there is no dispute with regard to the execution of work and the bill amount, the respondents should pay the 2 on “first done first paid” basis. Apart from that, priority or preference 7. nd nd and final bill amount should be given to those whose works are below Rs.50.00 lakhs as they are the affected persons. In view of the foregoing discussion and in the light of the law laid down by this Court in S.Srinivas’s case (referred supra), this Writ Petition is disposed of with the following directions: i) The respondents are directed to clear the 2^^^ and final bill submitted by the petitioner and release an amount of Rs.9,46,160/- in favour of the petitioner within four (4) 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. 8. The petitioner is at liberty to file a writ petition with regard to the payment of balance amounts of Rs. 1,24,500/- and Rs. 1,50,000/-. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand dosed. Sd/- K J RAJA BABU ASSISTANT REGI^RAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Irrigation and Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner, CAD, Vijayawada, Government of Andhra Pradesh, Vijayawada, N.T.R. District. The Chairman, Andhra Pradesh Comprehensive Financial Management System, (CFMS), 6th Floor, C-Block- Anjaneya Towers, Ibrahimpatnam, Krishna District, The Engineer-in-Chief{IW), Water Recources Department, A.P. Vijayawada, Krishna District. 6. p^^?Superintending Engineer(Marine), Administrative Building, Near 4(umbhabi^h^kbam bridge, APMB, Kakinada, East Godavari District. 7. The Executive Engineer, Marine Division, Administrative Building, Near KumblsvabiBhekham Bridge, APMB, Kakinada, East Godavari District. 8. The Executive Engineer, Mechanical AND. Dredging Division, Opposite Old Port, Railway Station, Jawahar Jetty, Kakinada, East Godavari District. 9. The Chief Executive Officer, APMB, Mangalagiri, Guntur District. 10. One CC to SRI. G SIMHADRI, Advocate [OPUC] Il.TwoCCsto GP FOR IRRIGATION COMM AREA DEV, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP FOR FINANCE, High Court of Andhra Pradesh. [OUT] 13. Three C.D.Copies 3. 4. 5. j* -t nm HIGH COURT DATED:27/03/2025 ORDER WP.No.497 of 2025 DISPOSING OF THE WP WITHOUT COSTS