i 9 [ 3459 ] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE AMARAVATT- PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2151 OF 2025 Between: Kalahasthi Hemanth Varma, S/o.Kalahasthi Hazarathayya years, Occ. Contractor, R.No,D.No.3-1-999,Setti Gunta Venkataramana Rice Mill, Nellore Dist. Age. 37 Road Near ...PETITIONER/S AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department, Secretariat Buildings, Velagapudi,Guntur Dist. 2. The State of Andhra Pradesh, Rep. by its Principle Secretary.Finance and Planning Department Secretariat Buildings. Velagapudi, Guntur Dist., - . 3. The Engineer In Chief, Irrigation Department, Amaravathi. 4. The District Collector, Nellore District. 5. The Superintendenting Engineer, Irrigation Central Dist. 6^ The Executive Engineer, Nellore Central Division, Nellore Dist. Division, Nellore ...RESPONDENTS/^ % Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High ^ourt may be pleased to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate '''/rit declare the action of the respondents in not paying the bills for execution of works by the Petitidner works under 1. Agreement No. 269/0 end M/2019-20, Dt.06-03-2020 2. Agreement No. 187/0 and M/2019-20, Dt.24-02-2020 3. Agreement No. 109/0 and M/2019-20 Agreement No. 110/0 and M/2019-20, Dt.2.1-11-2019 Dt.21-11-2019 4. Total four works ernount of Rs.32,17,859/- to the petitioner with 6percent interest till to day from the date of completion of respective works as illegal, arbitrary violation principles of natural justice and violative of ArticleSl4, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed works irnmediately with 6% interest. . of i.. 1^0: 1 OF 2025 Petition under Section 151 CPC is filed 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 the Rs.32,17,859/- towards payment of above final bills for amount of the contract works under taken by the petitioner long back. Counsel for the Petitioner(s):SR|. K L N SWAMY Counsel for the Respondents: GP ppR IRRI * Counsel for the Respondents: GP FOR FINANCE The Court made the following: AND CAD PLANNING / J APHC010038382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 2151/2025 Between: Kalahasthi Hemanth Varma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD i 2.GP FOR FINANCE PLANNING The Court made the following: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents In not paying the bills for execution of works by the Petitioner works under 1. Agreement No. 269/0 and M/2019-20, Dt. 06-03- 2020 2. Agreement No. 187/0 and M/2019-20, Dt.24-02-2020 3. Agreement No. 109/0 and M/2019-20, Dt.21-11-2019 4 Agreement No. 110/0 and \ 2 % M/2019-20, Dt.2.1-11-2019 Total four works amount of Rs.32,17,859/- to the V petitioner with Gpercent interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of consequently direct the respondents to release the bills for the above completed works immediately with Gpercent interest and to pass such other order or orders may deem fit and proper in the circumstances of the case. ” India, 2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. 3. The petitioner is a civil contractor and he was allotted seven works under O & M program under various agreements during the year 2019-2020. The petitioner has completed the work. The respondent authorities have issued quality control certificate and measurement books and passed final bills totaling an amount of Rs.32,17,859/-. 4. 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 2024, the bills amount is not yet paid to the petitioner even after lapse of one year. 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 •21) 2021 Lawsuit (AP)390 3 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. 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) 5. 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. 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 control certificates filed by the Rs.32,17.859/- in favour of the petitioner within date of receipt of a copy of this order with interest at 12% ii) The interest shall be are directed to clear the bills as shown in the petitioner and release quality an amount of twelve (12) weeks from the p.a. 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 petition s pending, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR SECTION oVfICER //TRUE COPY// To, 1- The Principle Secretary, Irrigation Department „ Pradesh, Secretariat Buildings, Velagapudi,Guntur Dist. State of Andhra ^ Secretary, Finance and Planning Department Andhra Pradesh, Secretariat By Special Messenger] State of Dist.[1 & 2 Buildings, Velagapudi, Guntur 3. The Engineer In Chief, 4. The District Collector, Neilore District. Superintendenting Engineer, Irrigation Department, Amaravathi. 5. The Dist. Irrigation Central Division, Neilore 6. The Executive Engineer, BY RPAD] 7. One CC to SRI. KLN 8. Two CCs to GP FOR |RR| [OUT] 9. Two CCs to GP FOR FINANCE Pradesh. [OUT] Three CD Copies Neilore Central Division, Neilore Dist.[3 TCIM SWAMY Advocate [OPUC] x-- AND CAD ,High Court Of Andhra P|:adesh. PLANNING .High Court Of Andhra 10. M HIGH COURT DATED:22/04/2025 ORDER 5( 2 0 SEP 2025 rrentS«ctiQQx^ € WP.No.2151 of 2025 TSi the writ petition is disposed COSTS OF WITHOUT