*■£ IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) :: AMARAVATI TUESIMY the twenty second day of APRIL TWO THOUSAND AND TWENTY FIVE PRESENT hon’ble smt justice SUMATHI JAGADAM WRIT PETITION NO: 19954 OF 2024 Between: M Damodar Reddy, S/o. M Ramachandra Reddy Aged about 4R Apartatents, s'nlasa Nandyal District, Pincode 518501. years, Occ: Center, Nandyal, ...PETITIONER AND 1. The State of AP, Rep. by its Special Chief Veteal™ h T'®'' Department), Secretariat Velagapudi, Amaravathi, Guntur District. Secretary Arva;'1::“ Engineer, Water Resources Department NTR District. Engineer, irrigation Circle, Kurnool 5. The Executive Engineer, K C Canai Division 6. The Deputy Executive r Allagadda, Kurnool District 7. The Chief Executive Officer, AP CFMS Office, 6th Floor Anjaneya Towers, Ibrahimpatnam, Krishna District. Secretary, Department of Buildings, (WRD), Vijayawada Kurnool Nandyal, Kurnool District. Engineer, K C Canal (Loc) Sub Division, C-Block, ...RESPONDENTS % Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of balance amount of Rs.7,73,452/- vide M Book No. 6800 ACA, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing CC walls in place of existing damaged lining portion 8b culvert on Chinthakommadinne branch Chinthakommadinne (V) Allagadda (M), Agreement No. 120/2023-24, dated 09.06.2023 is questioned, as the same is illegal, arbitrary and consequently direct the channel at CSI church near in Nandyal District vide respondents consider for 6800 ACA with payment of amounts of Rs.7,73,452/- vide M Book No. interest @24% per annum for the delayed respect of execution of above- mentioned work forthwith. amount to the petitioner in lA NO: 1 OF 2n9d Petition under Section 151 CPC stated in the affidavit filed in support of the petition pleased to direct the respondents to consider praying that in the circumstances the High Court may be for payment of amount of Rs.7,73,452/- vide M Book No. 6800 ACA with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i e. Providing CC walls in place of existing damaged lining Chinthakommadinne portion & culvert church , vide 09.06.2023, forthwith, pending on branch Chinthakommadinne (V) Allagadda Agreement No. near 120/2023-24, dated disposal of the Writ Petition. channel at CSI (M), in Nandyal District Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos. 1, 3 to 6: GP FOR IRRI & CAD Counsel for the Respondent Nos. 2 & 7: GP FOR FINANCE & The Court made the following: ORDER PLANNING TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19954/2024 Between: M Damodar Reddy ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. BATHALA RAMESH 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of balance amount of Rs.7,73,452/- vide M-Book No.6800 ACA even after finalizing the bills payable petitioner in relation to the works i.e., Providing CC walls In place of existing damaged lining portion & culvert Chinthakommadinne branch channel at CSI Chinthakommadinne (V) Allagadda (M) in Nandyal District vide Agreement No. 120/2023-24 dated 09.06.2023 is questioned as the same is illegal arbitrary and consequently direct respondents consider for payment of amounts of Rs.7,73,452/- vlde M-Book No.6800 ACA with interest @ 24 PERCENT annum for the delayed amount to the petitioner In respect of to the on church near the per E. 2 execution of above mentioned work forthwith and pass such other order or orders may deem fit and proper in the circumstances of the case.” In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. 2. 3. The case of the petitioner is that the petitioner has participated the tender process and the respondent has entered into an agreement with the petitioner vide agreement No. 120/2023-24. dated 09.06.2023, for execution of works relating to Providing CC walls in place of existing damaged lining portion & branch channel at in culvert on CSI church near Chinthakommadinne Chinthakommadinnne Village, Allagadda Mandal, Nandyal District. The petitioner has completed the work. The respondent has issued quality control certificate and measurement books and passed final bill for an amountof Rs.7,73,452/-. 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 2023, the bills amount is not yet paid to the petitioner even after lapse of two 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; 4. ^ 2021 Lawsuit (AP)390 € ‘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 famiiy 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. 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.” 24) 25) 5. This Court has observed that though the works were completed long back and the bills were passed, the respondents have 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. not 4 of the foregoing discussion and in the light of the law laid down by this Court in S. Sr/n;Vas case referred supra, the Writ Petition 6. In view disposed of, with the following directions, i) The respondents are petitioner and release an within four (4) weeks from the date of receipt of a copy of IS directed to clear the bills submitted by the amount of Rs.7,73,452/- in favour of the petitioner this order with interest at 12% p.a. interest shall be computed from the date of expiry of one month of submission of the bill by the petitioner till the dale of ii) The from the date payment. There shall be no order as to costs, miscellaneous petitions pending, if any, shall stand Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR As a sequel closed. //TRUE COPY// SECTION OFFICER 1. The Special Chief Secretary, Department of Irrigation (Water Resources Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Chief Engineer, Water Resources Department (WRD), Vijayawada, NTR District. 4. The Superintendent Engineer, Irrigation Circle, Kurnool, Kurnool District. 5. The Executive Engineer, K C Canal Division, Nandyal, Kurnool District. 6. The Deputy Executive Engineer, K C Canal (Loc) Sub Division, Allagadda, Kurnool District To 7. The Chief Executive Officer, AP CFMS Office, 6th Floor Anjaneya Towers, Ibrahimpatnam, Krishna District. 8. One CC to Sri Bathala Ramesh Advocate [OPUC] 9. Two CCs to GP for Irrigation Comm Area Dev, High Court of Andhra Pradesh. [OUT] • & Planning, High Court of Andhra Pradesh. 11. Three CD Copies C-Block TF HIGH COURT DATED:22/04/2025 ORDER WP.No.19954 of 2024 AND«^ X 0 9 MAY 2025 ^ Curreni section S^^spATcy^^^ DISPOSING OF THE W.P., WITHOUT COSTS