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 JAGADA WRIT PETITION NO: 2041 OF 2025 OO Between: M/s VNP Projects, Rep. by its Proprietor Veeramachaneni S/o Pratap, Aged 35 Years, Contractor,R/o.D.No. 1-19,RamalayamVeedi Chinna Nandigama, G. Konduru Mandal, Krishna District. Naga Praveen ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat Velagapudi, Amaravati, Guntur District 2. The Principal Secretary, Finance and Planning Department, Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 3. The Commissioner, CADA and Speciai Chief Secretary to the Government, Water Resources (CADA) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 4. The Superintendent Engineer, Irrigation Circle, Vijayawada District. 5. The Executive Engineer, Krishna Eastern Division District. 6. The Executive Engineer, Drainage Division, Gudivada 7. The Deputy Executive Engineer, irrigation and C.A.D. Department Cowtharam Sub-Division, Krishna District. 8. The Deputy Executive Engineer, Drainage Division Division, Krishna District. Krishna Vijayawada, Krishna Krishna District. , Kaikaluru Sub- ...RESPONDENTS A Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order, writ may or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the bill amount to the Petitioner i.e., Rs.22,82,294/- (Twenty Two Lakhs Eighty Two Thousand Two Hundred and Ninety Four Rupees Cniy) in respect of the works executed by the Petitioner i.e.. Providing Supplementation of water, Desilting of Chennuru Medium r drain and C and M works under Removal of weed on Cld BSS Channel and its allied Cowtharam Section for the year 2022-23, which is illegal, arbitrary, malafidy against to the principles of natural Justice, contrary to law and in violation of Article 14, 19(g) and 21 of the Constitution of India and consequently direct the Respondents to pay the contract bill amount i.e., Rs.22,82,294/- (Twenty Two Lakhs Eighty Two Thousand Two Hundred and Ninety Four Rupees Only) for the works executed by the Petitioner forthwith in the interest of justice. lA NO: 1 OF 7()9fi 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 take steps for payment of bills i.e. Rs.22,82,294/- (Twenty Two Lakhs Eighty Two Thousand Ninety Four Rupees Only) in relation to the works executed by the Petitioner pending disposal of the Writ Petition. Two Hundred and Counsel for the Petitioner: SRI NARASIMHA RAO Counsel for the Respondent Nos.1, 3 to 8: GP FOR IRRIGATION & CAD Counsel for the Respondent No.2:GP FOR FINANCE The Court made the following: ORDER GUDISEVA AND PLANNING APHC010036652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2041/2025 Between: ...PETITIONER M/s Vnp Projects, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.GP FORIRRI 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 an order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not 2 wing the bill amount to the Petitioner i.e., Rs. 22,82.294/- (Twenty Two respect of the works executed by the Petitioner I.e. Providina MReZTT ofChennuru Medium drain and 0 & M Removal of weed on old BSS Channel and its allied works under Coivf^orom Section for the year 2022-23 which is illegai, arbitrary malafidy against to the principles of Natural Justice Contrary to law and violation of Article 14 19(g) and 21 of the Constitution of IndZ and consequently direct the Respondents to pay the contract bill Rs 22,82,294/- Twenty Two Lakhs Eighty Two Thousand and Ninety Four Rupees Only for the works forthwith in the interest ofjustice and in in amount i.e.. Two Hundred executed by the Petitioner to pass such... 2. In spite of adjourning the respondents have not filed their counter affidavit. matter several times, the 3. The case of the petitioner is that the petitioner has participated in the tender process and stood respondent has entered into a lowest bidder. The 5*^ as an agreement with the petitioner vide agreement No.1257/2021-22, dated 28.03.2022 for execution of work of Desilting of Chennuru Medium drain Pandicodu, mayabodhi Bantumilli, during the year 2021-2022. The and Kamalapuram, minor drains in Drainage Section No.5 petitioner has completed the work. The respondents have issued measurement books and approved final bill for an amount of Rs.9,38,403/-. 4. Learned counsel for the petitioner submits has borrowed amounts from third parties to paying huge interest. Though the first and final bills that the petitioner execute the work and is were approved in the year 2022, the bills amount Is not yet paid to the petitioner 3 after lapse of three 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 even r 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) 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. 22) 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: 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”. The High Court of Andhra Pradesh in J.Devendra Reddy V Kakatiya University and another held that withholding of the 25) ^ 2021 Lawsuit (AP)390 4 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 completed long back and the bills were passed in the year 2022-23 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. were pay 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 submitted by the petitioner and release an amount of Rs.9,38,403/- in favour of the petitioner along with interest on the 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 six (6) weeks from the date of receipt of a copy of this order. 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. 5 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 //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District 2. The Principal Secretary, Finance and Planning Department Government of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 3. The Commissioner, CADA and Special Chief Secretary to the Government, Water Resources (CADA) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 4. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District. 5. The Executive Engineer, Krishna Eastern Division, Vijayawada, Krishna District. 6. The Executive Engineer, Drainage Division, Gudivada, Krishna District. 7. The Deputy Executive Engineer, Irrigation and C.A.D. Department, Cowtharam Sub-Division, Krishna District. 8. The Deputy Executive Engineer, Drainage Division, Kaikaluru Sub- Division, Krishna District. 9. One CC to Sri Narasimha Rao Gudiseva, Advocate [OPUC] 10. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 11. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. ssb HIGH COURT DATED:17/04/2025 ORDER WP.No.2041 of 2025 2 3 JUN 202I) ^s4^rrtntS<c ^>«£Sm£ DISPOSING OF THE W.P. WITHOUT COSTS