iG. IN THE HIGH COURT OF ANDHRA •• AI^ARAVATl (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT honourable SNIT, JUSTICE SUWIATHI JAGADAM WRIT PETITION NO: 31230 OF 2024 THE Between; N^afar^MeSm' A.reyapuran. Godavari District. iu Aged about 59 years, R/o. Mandal, East ...PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its P™“Pf'| ' Department, Secretariat, Velagapudi, Amaravathi, Guntur CKs of Andhra Pradesh, Rep. by its Secretariat, Velagapudi. Amaravathi, Guntur District. 2. The State Department 3. The Superintending Engineer, Irrigation Circle, Eluru. 4. The Executive Engineer, G.W. Division, Nidadavole, West Godavari District. and Accounts Officer, Eluru, West Godavari District. 5. The Pay ...respondents 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may Writ, Order or direction more Petition under Article pleased to issue an appropriate in the nature of Writ of Mandamus declaring the action of the admitted llnd and Final Bill payable to be particularly one the respondents in not releasing i.e.. Modernization of Godavari the petitioner towards the completed work i of eroded banks of Junnuru Channel in Western Delta System - Protection West Godavari District, pursuant to M-Book between Km 15.00 to 23.00 in 402GW for an amount of Rs. 2,23,068/-, as illegal, arbitrary and no violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount payable to the petitioner towards the completed work i.e., Modernization of Godavari Western Delta System - Protection of eroded banks of Junnuru Channel in between Km 15.00 to 23.00 in West Godavari District, under M-Book no. 402GW for Rs. 2,23,068/-. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondent Nos: 1 and 2 to release the amount payable to the petitioner for the completed work I.e., Modernization of Godavari Western Delta System - Protection of eroded banks of Junnuru Channel in between Km 15.00 to 23.00 in West Godavari District, under M- Book no. 402GW for Rs. 2,23,068/-, pending disposal of the writ petition. Counsel for the Petitioner : SRI RAVULA NAGARJUNA Counsel for the Respondent Nos.1, 3 & 4 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.2 & 5 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010594142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) - [3459] 0 FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 31230/2024 Between: Nadimpalli Venkateswara Raju ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAVULA NAGARJUNA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following ORDER: ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: ...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted lind and Final Bill payable to the petitioner towards the completed work i.e.. Modernization of Godavari Western Delta System - Protection of eroded banks of Junnuru Channel In between Km 15.00 to 23.00 2 -a in West Godavari District, pursuant to M-Book no. 402GW for an amount of Rs. 2,23,068/-, as illegat, arbitrary and viotativ^ of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount payable to the petitioner towards the completed work I.e., Modernization of Godavari Western Delta System - Protection of eroded banks of Junnuru Channel in between Km 15.00 to 23.00 in West Godavari District, under M- Book no. 402GW for Rs. 2,23,068/-, and 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 process and the 3'^'^ respondent has entered into an agreement with the 3. petitioner vide agreement No.60 SE/2017-18, dated 06.07.2017, for execution of works relating to Modernisation of Godavari Western Delta System and Protection of eroded banks of Junnuru channel in between km 15.00 to 23.00. The petitioner has completed the work. The 4'^ respondent has issued quality measurement books and passed final bill for an amount of Rs.2, 23,068/-. 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 2019, the bills amount is not yet paid to the petitioner even after lapse of six years. The learned counsel for the petitioner further submits that in similar circumstances 3 this Court in S. Srinivas \/s. 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) 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 \/ 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 5. 2021 Lawsuit (AP)390 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 of, with the following directions: is disposed i) The respondents are directed to clear the bills submitted by the petitioner and release an amount of Rs,2.23,068/- in favour of the petitioner within four (4) weeks from the date of receipt of a copy of this order with interest at 12% p.a. 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 //TRUE COPY// Sd/- A. VE^4UGOPALA RAO ASSISTANT REGISTRAR To, SECTION OFFICER Department, Pradesh, Secretariat, Velagapudi, Amaravathi State of Andhra Guntur District 3. The Superintending Engineer, Irrigation Circle ° Nidadavole, West Godavari Eluru. 5. The Pay and Accounts Officer. Eluru. West Godavari 6. One CC to Sri Ravula Nagarjuna, Advocate and Command Area Court of Andhra Pradesh. [OUT] District. [OPUC] Development, High High Court of Andhra Pradesh. 9. Three C.D. Copies. HIGH COURT DATED:25/04/2025 ORDER ./0‘ WP.No.31230 of 2024 0 JUN 2025 DISPOSING OF THE W.P. WITHOUT COSTS