IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL | TWO THOUSAND AND TWENTY FIVE % PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 4749 OF 2025 I Between: N. Venkanna, S/o. N. Devayya, aged about 56 years, Occ: Contractor, R/o D-No.1-135, Bobbarlanka (V), Atreyapuram (M), East Godavari District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by Principal Secretary to the Finance Department Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, (Irrigation Wing), Rajamahendravaram, East Godavari District. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. The Chief Engineer, Polavaram Project, Dowlieswaram, East Godavari District. The Superintending Engineer, Irrigation and Water Resources Department, ISLMC Circle, Tuni, East Godavari District. The Executive Engineer, Water Resources Department, P.I.P.L.M.C. Division No.2, Dowlieswaram, East Godavari District. 1. 2. 3. 4. 5. 6. 7. ...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 w be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final total bills amount worth of Rs.33,42,181/- 1) Rs. 10,86,210/-vide its M.Book.No.128MMD, for which the name of work was Annual Maintanance Estimate for O and M of Musurumalli Main Canal and Distributaries from km 0.00 to km 32.370 and Left bank canal from km 0.00 to km 9.115 and its distributories for the year 2021-2022, 2) Rs. 7,54,344/- vide its M.Book.No.894,825 and 846 EE ISLMC for which the name of work was Annual Maintenance estimate for Madhurapudi Dy Kalavacharla Dy - Jaggampeta andRangampeta Dy under Peddapuram Lift 1 of T.V.P.L.I.S the year 2021-22 ie for the date of agreement from 01.06.2021 To 31.05.2022 and 3) Rs.15,01,627/- vide Its M.Book.No.74MMD , for which the name of the work was Annual Maintanance of Bhupathipalem Reserviour Project Main Canal and its Distributaries from km 0.00 to km 32.00 for the year 2021-2022 (from 01- 06-2021 to 31-05-2022) for which the total amount was Rs. 33,42,181/- with interest of execution of completion of Oand M works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.33,42,181 for execution of completion of Irrigation works under Water Resource Department as per agreement to the petitioner forth with. lA NO: 1 OF 2025 Petition under Section 151 CPC 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 releasing the Final Bill amount of Rs.33,42,181/- vide its Agreements for execution of completion of O&M works under Water Resource Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1, 3 to 7: GP FOR IRRIGATION & CAD Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010085812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HEP [3459] 02?* TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 4749/2025 Between: ...PETITIONER N Venkanna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GPFORIRRI 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 appropriate Writ, Order or direction more particularly one In the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final total bills amount worth of Rs.33,42,181/- 1) Rs. 10,86,210/-vide its M.Book.No.128MMD, for which the name of work was Annual Maintanance Estimate for O and M of Musurumalli Main Canal and Distrlbutories from km 0.00 to km 32.370 and Left bank canal from km 0.00 to km 9.115 and its distributaries for the year 2021-2022, 2 2) Rs. 7,54,344/- vide its M.Book.No.894,825 and 846 EE ISLMC for which the name of work was Annual Maintenance estimate for Madhurapudi Dy Kalavacharla Dy - Jaggampeta andRangampeta Dy under Peddapuram Lift 1 of T. V.P.L.I.S the year 2021-22 ie for the date of agreement from 01.06.2021 To 31.05.2022 and 3) Rs, M.Book.No.74MMD , for which the name of the work was Annual Maintanance of Bhupathipalem Reserviour Project Main Canal and its Distributaries from km 0.00 to km 32.00 for the year 2021-2022 (from 01- 06-2021 to 31-05-2022) for which the total amount ivas Rs. 33,42,181/- with interest of execution of completion of Oand M works under Water Resource Department as per agreements to the petitioner till today and causing heavy loss with interest even though total works were completed as per the agreements as illegal, arbitrary and violation of Articles 14, 16 and 21 of The Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.33,42,181 for execution of completion of Irrigation works under Water Resource Department as per agreement to the petitioner forth with and to pass such such other order or orders may deem fit and proper in the circumstances of the case. ’’ \ i In spite of adjourning the matter several times, the respondents have not filed their counter affidavit. 2. The case of the petitioner is that the petitioner has participated in the tender process and the respondents have entered into three agreements with the petitioner, for execution of various works. The petitioner has completed the work. The 7‘^ respondent has issued measurement books and passed final bill totaling an amount of Rs.33,42,181/-. 3. 4. Learned counsel for the petitioner submits that though the petitioner has made several oral representations to the respondents for release of the 3 amounts, however, the respondents are not paying the bills due to which the petitioner is facing financial crisis and mental agony. Though the first and final bills were passed on 09.01.2023, 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: 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 amount payable to the petitioner for the contract works, constitutes patent arbitrariness on the part of the respondents. ” 25) } \ 2021 Lawsuit (AP)390 . 5. This Court has observed that though the works were completed long back and the bills were passed on 09.01.2023, 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.33,42,181/- 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 dated 12.10.2023, within twelve (12) weeks from the date of receipt of a copy of this order. cases 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/- M SRi.NiVAS ASSISTANT REGISTRAR //TRUE COPY// ScC ! iON OrrSCER To, 1. The Principal Secretary, Irrigation and Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to the Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, (Irrigation Wing), Rajamahendravaram, East Godavari District. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. The Chief Engineer, Polavaram Project, Dowlieswaram, East Godavari District. The Superintending Engineer, Irrigation and Water Resources Department, ISLMC Circle, Tuni, East Godavari District. The Executive Engineer, Water Resources Department, P.I.P.L.M.C. Division No.2, Dowlieswaram, East Godavari District. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 10. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. 3. 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED :29/04/2025 ORDER 5 1 ♦ JUI ?0« W Current becnon WP.No.4749 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS