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: 28011 OF 2024 Between: 1. Sri Rapaka Udayabhaskara Rao, S/o. late Suranna, Aged about 67 years, Occ: Contractor, R/o Door No.2-152, Atthili Village and Mandal, West Godavari District. 2. Sri K. Bulleyya, S/o Satyanarayana, Aged about 67 years, Occ Contractor, R/o D. No. 12-8-10, Gunupudi, Somagundham North, Bheemavaram, West Godavari District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist. 2. The Principle Secretary, Finance and Planning Department, The Government of Andhra Pradesh 2'^'^ block, 1®‘ floor. Room No.287, Secretariat Buildings, Velagapudi, Guntur Dist. 3. The Engineer in Chief, Irrigation Department, 27-20-44, Museum Rd, Venkateshwara Rao Street, Governorpeta, Vijayawada, Andhra Pradesh 520 00., 4. The District Collector, West Godavari District, at Eluru. 5. The Superintendent Engineer, Irrigation Circle, Eluru, West Godavari Dist. 6. The Executive Engineer, G W Division, Niddavole, West Godavari Dist. 7. The Executive Engineer, Drainage Division, Bhimavaram, West Godavari Dist., ...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 j.- i ' 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 4 works vide (1) Agreement Mo. 54/2023-24, dt.28-06-2023, (2) Agreement Ho. 55/2023-24, dt.28-06-2023 and (3) Agreement No. 67/2023-24, dt. 08-08-2023 to the Petitioner No.1, for a total amount of Rs.13,25,232/-, and to the petitioner No.2 vide Agreement No. 23/2023-24, dt. 14-06-2023 for the amount of Rs.12,65,628/-, Total Final Amount 4 works equals to Rs.25,90,860/- with 6percent 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 Constitution of India, consequently direct the respondents to release the bills for the above completed works immediately with 6% interest. 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 the respondents to release the amount of Rs.25,90,860/- with 6% interest till to day from the date of completion of respective works towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main Writ Petition No.28011 of 2024. Counsel for the Petitioners: SRI. A.SREE RAM Counsel for the Respondent Nos.1, 3 to 7: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER 1 APHC010521192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) mm rJ ■>JT T [3459] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28011 /2024 Between: Sri Rapaka Udayabhaskara Rao and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.A.SREE RAM ...RESPONDENT(S) 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: 2 0 "...to issue order or orders 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 4 works vide 1) Agreement No.54/2023-24 dated 28.06.2023 2) Agreement No. 55/2023-24 dt. 28.06.2023 and 3) Agreement No. 67/2023-24 dt. 08.08.2023 to the Petitioner No. 1 for a total amount of Rs.13,25,232/- and to the petitioner No. 2 vide Agreement No 23/2023-24 dt. 14.06.2023 for the amount of Rs.12,65,628/- Total Final Amount 4 works equals to Rs.25,90,860/- with 6 % interest till today 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 Constitution of India consequently direct the respondents to release the bills for the above completed works Immediately with 6% interest and to and pass...." In spite of adjourning the matter several times, the 2. respondents have not filed their counter affidavit. 3. The case of the petitioners is that the petitioners contractors and the respondents have entered into agreements with the petitioners, for execution of work of several works related to 0& M Annual Maintenance of weed free in Branch channels for the year 2023-2024. The petitioners have completed the works. The respondents have issued measurement books and passed final bill for an amount of Rs.13,25,232/- and Rs.12,65,628/- respectively. are 4. Learned counsel for the petitioners submits that the petitioners have borrowed amounts from third parties to execute the work and are paying huge interest. Though the first and final bills were passed in the year 2024, the bills amount is not yet paid to the petitioners 3 even after lapse of one year. The learned counsel for the petitioners 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 v'T amount payable to the petitioner for the contract works, constitutes patent arbitrariness on the part of the respondents.” 5. This Court has observed that though the works were completed long back and the bills were passed in the year 2024, 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 the bills amount on “first done first paid” basis. pay 6. In view of the foregoing discussion and in the light of the law laid down by this Court in S. Srinivas Petition is disposed of, with the following directions: case referred supra, the Writ i) The respondents are directed to clear the bills petitioner and release submitted by the an amount of Rs. 13,25,232/- and Rs. 12,65,628/- in favour of the petitioner along with interest 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 eight (8) weeks from the receipt of a copy of this order. on the date of 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/- K. SRlNtVASA assistant.reg^tM / R //TRUE COPY// OFFtCER SE To, The Principle Secretary, Irrigation State of Andhra Pradesh,Secretariat Velagapudi, Amaravathi, Guntur Dist., and Planning Department 1. Buildings 2. The Principle Secretary, Finance Government of Andhra Pradesh 2 block, 1 Secretariat Buildings, Velagapudi, Guntur Dist., Irrigation Department, 27-20-44, Museum Rd Governorpeta, Vijayawada, Andhra floor. Room No.287, St 3. The Engineer in Chief, Venkateshwara Rao Street Pradesh 520 00., 4. The District Collector, West Godavari District, at Eluru. 5. The Superintendent Engineer, Irrigation Circle, Eluru, West Godavari Dist. 6. The Executive Engineer . The Executive Engineer, Drainage Division Godavari Dist., 8. OneCCto Two CCS to GP for Irrigation Amaravati[OUT] 10. Two CC’s to GP for Finance Amaravati[OUT] 11. Three CD Copies. , G W Division, Niddavole, West Godavari Dist., Bhimavaram, West 7 Sri A.Sree Ram, Advocate [OPUCj and CAD, High Court of A.P. at 9. and Planning, High Court of A.P. at ssb HIGH COURT DATED:17/04/2025 ORDER WP.No.28011 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS