IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSANDAND TWENTYFIVE PRESENT THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23337 OF 2024 Between: 1. M/s. Sri Padmavathi Engineering Works, D.No. 10-1-48/1, Fathe Nagar, Pipeline Road, Balanagar, Ranga Reddy District, Telangana State. Rep.by its Managing Partner Ankenpally Divakar, S/o. Late Krishna. 2. Ankenpally Divakar, S/o. Late Krishna, Aged 34 years, Occ; Contractor, R/o. D.No. 10-1-48/1, Fathe Nagar, Pipeline Road, Balanagar, Ranga Reddy District, Telangana State. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Water Resources (Irrigation and CAD) Department, Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District. 2. State of Andhra Pradesh, Represented by its Principal Secretary Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. Secretariat 3. Andhra Pradesh State Irrigation Development Corporation Ltd., (APSIDC Ltd.,), Rep. by its Vice Chairman and Managing Director, D.No. 29-36-37, 3rd Floor, Ammana Estates, Prakasam Road, Governorpet, Vijayawada. 4. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 5. Superintending Engineer, APSIDC Circle, Kadapa, YSR Kadapa District. 6. Executive Engineer, APSIDC Division, Ongole, Prakasam District. a 7. Deputy Executive Engineer, APSIDC Sub Division, Nellore, SPSR 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e. Revival of Singapeta Lift irrigation Scheme on Alluru Ramanna Large Tank in Alluru Mandal of SPSR Nellore District on turnkey basis and operation of the scheme for two years through the Agreement No. 59 /2016-17 dated 03-09-2016 for an amount of Rs. 13,29,670/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 13,29,670/- for the pending bills forthwith for the above said works executed by the petitioners. lA NO: 1 OF 2024 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 respondents to consider for payment of amount of Rs. 13,29,670/- for the pending bills for the works executed by the petitioners i.e.. Revival of Singapeta Lift Irrigation Scheme on Alluru Ramanna Large Tank in Alluru Mandal of SPSR Nellore District on turnkey basis and operation of the scheme for two years through the Agreement No. 59 /2016- 17 dated 03-09-2016 for an amount of Rs. 13,29,670/- forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI RAMBABU KOPPINEEDI Counsel for the Respondent No.1: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 2 & 4: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3, 5 to 7: SRI V RAJA MANOHAR (SC FOR APSIDC) The Court made the following: ORDER APHC010454542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23337/2024 Between: Sri Padmavathi Engineering Works and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 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 issue a Writ, Order, or Direction more particuiarly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Revival of Singapeta Lift Irrigation Scheme on Alluru Ramanna Large Tank in Alluru Mandal of SPSR Nellore District on turnkey basis and operation of the scheme for two years through the Agreement No. 59 /2016-17 dated 03-09- 2016 for an amount of Rs. 13,29,670/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent 2 # authorities to reiease Rs. 13,29,670/- for the pending biiis forthwith for the above said works executed by the petitioners and pass such other order or orders may deem fit and proper in the circumstances of the case. ” In spite of adjourning the matter, the respondents have not filed their 2. counter affidavit. The case of the petitioners is that the 2'^'^ petitioner is a registered contractor and entrusted with works. The 5*^ respondent has entered into an 3. agreement with the petitioner vide agreement No.59/2016-17, dated 03.09.2016, for execution of works relating to Revival of Singapeta Lift Irrigation Scheme on Alluru Ramanna Large Tank in Alluru Mandal of SPSR Nellore District on turnkey basis and operation of the scheme for two years. The petitioner has completed the work. The respondent has issued memo of payment and passed final bill for net amount of Rs.10,76,240/-. Learned counsel for the petitioners submits that the 2"'"^ petitioner has 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 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 4. under: ‘21) in the considered opinion of this Court, withhoiding the amount for which the petitioner is iegitimateiy entitied is nothing but depriving the petitioner. Due to iiiegai action of non-payment of the amounts promptiy by ciearing the 2021 Lawsuit (AP)390 3 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 V Kakatlya 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, the respondents have not released the amounts so far on the ground of insufficiency of funds. Since there is 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. 5. no 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. 4 • i) The respondents are directed to clear the bills submitted by the petitioners and release net amount of Rs.10,76,240/- in favour of the petitioneiTwithin 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/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECmOfToFFICER To, 1. The Principal Secretary, Water Resources (Irrigation and CAD) Department, ’ Secretariat Buildings, Velagapudi, Thullur Mandal Amaravati, Guntur District. 'ir 2. The Principal Secretary, Finance Department, Secretariat Amaravati, Thullur Mandal, Guntur District. 3. The Vice Chairman and Managing Director, Andhra Pradesh State Irrigation Development Corporation Ltd., (APSIDC Ltd.,) D No 29-36- 37, 3rd Floor, Ammana Estates, Vijayawada. If'®''*'® Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 5. The Superintending Engineer, APSIDC Circle District. 6. The Executive Engineer, APSIDC Division, Ongole, Prakasam District. Executive Engineer, APSIDC Sub Division, Nellore SPSR Nellore District. 8. One CC to Sri Rambabu Koppineedi Advocate [OPUC] 9. One CC to Sri V Raja Manohar, SC for APSIDC, Advocate [OPUC] 10. Two CCs to GP for Irri and CAD, High Court of Andhra Pradesh. [OUT] [OUT^^^ Finance & Planning, High Court of Andhra 12. Three CD Copies Velagapudi, Prakasam Road, Governorpet, Kadapa, YSR Kadapa Pradesh. TF HIGH COURT DATED:29/04/2025 ORDER WP.No.23337 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS