IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL - I TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23360 OF 2024 Between: Thathireddy Veera Reddy, S/o. Thathireddy Venkata Reddy, Aged about 57 years, Occ: Business, R/o. 26-14-1179, Vanamthopu, Kondayapalem Road, AK Nagar Post, Nellore Town, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Irrigation Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238. 2. The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Finance Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238. 3. The District Collector, SPSR Nellore District. 4. The Superintendent Engineer, Water Resources Department, Nellore, SPSR Nellore District. 5. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 6. The Deputy Executive Engineer, Water Resources Department, Irrigation Sub-Division, Buchireddypalem, SPSR Nellore District. 7. The Divisional Accounts Officer (Works), Nellore Central 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 an order, writ or direction, i nature of Writ of Mandamus, declaring the action releasing the bill amounts admittedly due to the completion of works in terms of the Agreement No.231/0&M/DN/2020 dated more particularly one in the I of the respondents in not petitioner despite successful -2021 Agreement No.232/0&M/DN/2020-2021 dated 28.10.2020, Agreement No. 230/0&M/DN/2020-2021 dated 28.10.2020 Agreement No. 245/0&M/DN/2020-2021 28.10.2020, dated 04.11.2020 for the works executed by the petitioner under the Scheme of O & M (Operations and Maintenance)Program, approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, vioiative of Articies 14, 19, 21 and 300-A of the Constitution of India apart from being contrary to the orders of this Hon’ble Court issued from time to time and Respondents to forthwith consequently direct the pay the approved amounts payable to the executed by the petitioner under the accrued on the said amounts from petitioner in respect of the works aforesaid agreements, along with interest the due date till the date of payment. lA NO: 1 OF 909/1 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 forthwith pay the final bill amounts payable to the Petitioner in relation to the works executed by him under the scheme of 0.85 M programme with the Agreement No.231/0& M/DN/2020- 2021 dated 28.10.2020, Agreement 28.10.2020, Agreement No. No. 232/0&M/DN/2020-2021 dated 230/0&M/DN/2020-2021 dated 28.10.2020 Agreement No. 245/0&M/DN/2020-2021 dated 04.11.2020, for the works cost of Rs. 10,99,650/-, pending executed by the petitioner with the total disposal of the main Writ Petition. / Counsel for the Petitioner: SRI T VENU GOPAL Counsel for the Respondent Nos.1,3 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010454052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 [3459] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23360/2024 Between: ...PETITIONER Thathireddy Veera Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TVENU GOPAL Counsel for the Respondent(S): 1.GPFORIRRIANDCAD 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 an order, writ or direction, more particuiariy one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of works in terms of the Agreement No.231 /O and M/DN/2020-2021 dated 28.10.2020, Agreement No. 232/0 and M/DN/2020-2021 dated 28.10.2020, Agreement No. 230/0 and M /DN/2020-2021 dated 28.10.2020, Agreement No. 245/0 and M/DN/2020-2021 dated 04.11.2020 for the works executed by the petitioner under The~' Scheme of 0 and M (Operations and 2 Maintenance)Program, approved for payment, even after completion of defect liability period and inspite of repeated requests, as illegal, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time and consequently direct the Respondents to forthv\/ith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment and pass such other order or orders may deem fit and proper in the circumstances of the case. ” arbitrary. In spite of adjourning the matter, the respondents have not filed their 2. counter affidavit. The case of the petitioner is that the petitioner was entrusted with four works under Neeru-Chettu program. The 5'^ respondent has entered into agreements with the petitioner vide agreements, dated 28.10.2020 and 04.11.2020 for the works relating to channels of Sangam mandal of SPSR Nellore District. The petitioner has completed the work. The 6*^ respondent has issued quality control certificates and also the measurement books and passed final bills totaling an amount of Rs.10,99,650/-. 3. 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 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. 4. % 3 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. ’21) /\s 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. 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: 22) 24) “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 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 observed that though the works were completed long back and the bills were passed in the year 2021, the respondents have not released the amounts so far on the ground of insufficiency of funds. Since name. 25) 5. 2021 Lawsuit (AP)390 4 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) The respondents are directed to clear the bills as shown in the quality control certificates filed by the petitioner and release an amount of Rs. 10,99,650/- in favour of the petitioner within 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/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1. The Principal Secretary to Government, Irrigation Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238. 2. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh - 522 238. 3. The District Collector, SPSR Nellore District. 4. The Superintendent Engineer, Water Resources Department, Nellore, SPSR Nellore District. 5. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 6. The Deputy Executive Engineer, Water Resources Department, Irrigation Sub-Division, Buchireddypalem, SPSR Nellore District. 7. The Divisional Accounts Officer (Works), Nellore Central Nellore, SPSR Nellore District. 8. One CC to Sri T. Venu Gopal, Advocate [OPUC] 9. Two CCs to GP for irrigation and CAD, High Court of A.P. at Amaravati[OUT] 10. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. Division, ssb ■ .t' HIGH COURT DATED:29/04/2025 5 03JUN?I?5 ORDER ■TJs CJ\ WP.No.23360 of 2024 Co DISPOSING OF THE W.P. WITHOUT COSTS