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; 7855 OF 2025 Between: Dharmarajula Satyanarayana, S/o.Naga Bhushanam, Aged about 50 Occ: Contractor, R/o.7-169, Main Road, Kaikaluru Village, Kaikaluru years, Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. 3. The Superintendent of Engineer, Irrigation Circle, Eluru, West Godavari District. 4. The Executive Engineer, Irrigation and Water Resources Department, Krishna Eastern Division, Vijayawada, Krishna District. 5. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Amaravathi, Guntur 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, declaring the action of the Respondents herein in not paying the admitted bill amount of Rs. 13,40,228/- for the work - executed in terms of Agreement No. 12,2023-24 dated 16-06- 2023 even bills payable to the petitioner as-illegal, arbitrary, 16 and 21 of Constitution of India herein forthwith to release and pay for the work executed in terms of after finalizing the unreasonable and violative of Articles 14 and consequently direct the respondents admitted bill amount of Rs. 13,40,228,- 12,2023-24 dated 16-06-2023 along with interest 24/» pe the Agreement No annum. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances support of the petition, the High Court may be in forthwith to release and pay the terms of stated in the affidavit filed in direct the respondents herein pleased to admitted bill for the work executed in with interest @24% per amount of Rs.13,40,228/- 12/2023-24 dated 16-06-2023 along Agreement No. annum, pending disposal of the Writ Petition. ; SRI P I-- NARASIWIHA RAO Counsel for the Petitioner for the Respondent Nos.1 to 4 ; GP FOR IRRIGATION AND CAD for finance and planning Counsel Counsel for the Respondent No.5; GP The Court made the following; ORDER w APHC010149242025 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: 7855/2025 Between: Dharmarajula Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P L NARASIMHA RAO 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 declaring the action of the Respondents herein in not paying the admitted bill amount of Rs. 13,40,228/- for the work executed in terms of Agreement No. 12/2023-24, dated16.06.2023, even after finalizing the bills payable 2 to the petitioner as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution' of India and consequently direct the respondents herein forthwith to release and pay the admitted bill amount of Rs. 13,40,228/- for the work executed in terms of Agreement No. 12/2023-24 dated 16.06.2023, along with interest 24% per annum and pass ” 2. In spite of adjourning the matter, the respondents have not filed their counter affidavit. 3. The case of the petitioner is that the petitioner is a contractor and the respondent has entered into an agreement with the petitioner vide agreement No. 12/2023-24, dated 16.06.2023, for execution of work of O & M such as annual maintenance weed free on channels under the jurisdiction of Kaikaluru Channel and its branches of Vinjaram section for the year 2023-2024. The petitioner has completed the work. The 4 measurement books and passed final bill for an amount of Rs.13,40,228/-. th respondent has issued 4. Learned counsel for the petitioner submits that though the first and final bills were passed on 27.01.2025, the bills amount is not yet paid to the petitioner. 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 ‘21) 2021 Lawsuit (AP)390 3 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. - I- ■ 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”. 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) j 5. This Court has observed that though the works were completed long back and the bills were passed on 27.01.2025, 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. 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. 13,40,228/- 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 four (4) 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. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Irrigation and Water Resources Department, state of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. 3. The Superintendent of Engineer,'Irrigation Circle, Eluru, West Godavari District. 4. The Executive Engineer, Irrigation Krishna Eastern and Water Resources Department Division, Vijayawada, Krishna District. 5. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati{OUT] Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] Three CD Copies. 6. 7. 8. 9. ssb HIGH COURT DATED:17/04/2025 ORDER WP.No.7855 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS