IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 31295 OF 2024 Between: Bandaru Satyanarayana, S/o Rambabu, aged about 57 Years, Occ. Contractor, R/o. Y.B Patnam (V), Nathavaram (M), Anakapalli Dist (Earlier Visakhapatnam District.) ...Petitloner/s AND / 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation department. Secretariat buildings, Velagapudi, Amaravati. 2. The Engineering Chief, Minor and Major Irrigation department. Government of A.P Vijayawada, Krishna District. 3. The District Collector, Anakapalli Dist (Earlier Visakhapatnam District.) 4. The Superintendent Engineer, Irrigation Circle Office, Visakhapatnam, Visakhapatnam District. 5. The Executive Engineer, W.R Dept., Narsipatnam Division (Earlier Visakhapatnam) Anakapalli Dist (Earlier Visakhapatnam District.) 6. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance department. Secretariat buildings, Velagapudi, Amaravati. ...Respondent/s Petition under Article 226 of the Constitution of India praying that in the circurnstances 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 to declaring the action on the part of the respondents herein not releasing and pay the bill amounts worth in view of the of Rs.3,83,168/- with interest @6 percent per annum, in view of the judgment of the Hon'ble Division Bench of this court in Writ Appeal No.724/2021 and batch dt 12-10-2023 to the petitioner for execution of various works as illegal arbitrary and violative of Article 14, and 21 of the Constitution of India and consequently to direct the respondents to release and pay the bill amounts worth of Rs.3,83,168/- with interest to the petitioner forthwith. 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 and pay the bill amounts worth of Rs.3,83,168/- with interest with interest @ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this court in Writ Appeal No.724/2021 and batch forthwith, pending disposal of the above writ petition. dt 12-10-2023 to the petitioner Counsel for the Petitioner: SRI KAMLA SEELAM B Counsel for the Respondent Nos.1 to 5: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.6: GP FOR FINANCE The Court made the following: ■r APHC010598652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 31295/2024 Between: Bandaru Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.KAMLASEELAM B 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 particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein not releasing and pay the bill amounts worth in view of the of Rs.3,83,168/- with interest 6percent per annm judgement of the Hon'ble Division Bench of this court in Writ Appeal No. 724/2021 and batch dt 12-10- 2023 to the petitioner for execution of various works as illegal arbitrary and violative of Article 14, and 21 of the Constitution of India and conseguently to direct the respondents to release and pay the bill amounts worth of 2 Rs.3,83,168/- with interest to the petitioner forthwith, and to pass such other order or orders may deem fit and proper in the circumstances of the case. ” 2. In spite of adjourning the matter, the respondents have not filed their counter affidavit. The case of the petitioner is that the petitioner has participated in the tender and stood as lowest bidder. The 4*^ respondent has entered into an agreement with the petitioner vide agreement No. 17 SE/2017-18, dated 22.05.2017 for the works relating to reconstruction of Check Dam across Suddha Gedda Near Theeda Village, Kasimkota Mandal, Visakhapatnam District. The petitioner has completed the work. The 5^^ respondent has issued 3. measurement books and passed final bill for an amount of Rs.3,83,168/-. 4. Learned counsel for the petitioner submits that though the first and final bills were passed in the year 2019, the bills amount is not yet paid to the petitioner even after lapse of five 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. •21) ^ 2021 Lawsuit (AP)390 3 22) /\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 y. G.C.Roy opinied as extracted hereunder: 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 name. It may be called interest, compensation or damages". f 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. ’’ 25) 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 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. 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 as shown in the quality control certificates filed by the petitioner and release an amount of Rs.3,83,168/- in favour of the petitioner within eight (8) weeks from the date of receipt of a copy of this order with interest at 12% p.a. 4 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/- P. VINOD KUMAR ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, State of Andhra Pradesh, Department, Secretariat buildings, Velagapudi, Amaravati. 2. The Engineering Chief, Minor and Major Irrigation department. Government of A.P Vijayawada, Krishna District. 3. The District Collector, Anakapalli Dist (Earlier Visakhapatnam District.) 4. The Superintendent Engineer, Irrigation Circle Office, Visakhapatnam, Visakhapatnam District. 5. The Executive Engineer, W.R Dept., Narsipatnam Division (Earlier Visakhapatnam) Anakapalli Dist (Earlier Visakhapatnam District.) 6. The Principal Secretary, State of Andhra Pradesh, Finance department. Secretariat buildings, Velagapudi, Amaravati. 7. One CC to SRI. KAMLA SEELAM B Advocate [OPUC] 8. Two CCS to GP FOR IRRIGATION AND CAD, High Court Of Andhra Pradesh. [OUT] 9. Two CCS to GP FOR FINANCE PLANNING, High Court Of Andhra Pradesh. [OUT] Three CD Copies Irrigation 10. sree 1 HIGH COURT DATED: 25/04/2025 ORDER WP.No.31295of 2024 DISPOSING OF THE W.P. WITHOUT COSTS