IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 12390 OF 2024 Between: Penamalli Sudhakar Reddy, S/o Krishna Reddy, Aged about 64 years, R/o Patimitta, eedagali, Venkatachalam, Survepalli, SPSR Nellore District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its PrI. Secretary to Government, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by its PrI. Secretary to Government, Department of Finance and Planning, AP Secretariat, Velagapudi, Amaravathi, Guntur District. The Superintendent Engineer, Irrigation and Command Area Development, Irrigation Circle, Nellore, SPSR Nellore District. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 1. 2. 3. 4. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs. 8,46,363/- in total due for the last two may years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Construction of Regulator across irrigation channel near Edagali Village in Venkatachalam Mandal of SPSR Nellore District vide agreement no 11 DN 2019-20 dated 21.12.2019.” duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs. 8,46,363/- towards the works executed by the petitioner along with 12percent interest per annum. lA NO: 1 OF 2024 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 to pay the amount of Rs. 8,46,363/- total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Construction of Regulator across irrigation channel near Edagali village in Venkatachalam Mandal of SPSR Nellore District vide Agreement no 11 DN/2019-20 dated 21.12.2019 in forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent Nos.1,3 & 4: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010250172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 12390/2024 Between: Penamalli Sudhakar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non payment an amount of Rs. 8,46,363/- in total due for the last two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., Construction of Regulator across Irrigation channel near Edagali Village in Venkatachalam Mandal of SPSR Nellore District vide agreement no 11 DN 2019-20 dated 21.12.2019. duly 2 approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs. 8,46,363/- towards the works executed by the petitioner along with 12percent interest per annum and to 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. 3. The case of the petitioner is that the petitioner is a contractor and was entrusted with works on nomination basis. The 4‘^ respondent has entered into agreement with the petitioner vide agreement No.11 DN/2019-20, dated 21.12.2019 for the works relating to Construction of Regulator Irngational Channel near Edagali Village in Venkatachalam Mandal of SPSR Nellore District during the year 2019-2020. The petitioner has completed the work. The respondents have issued the quality control certificate and also measurement books and passed final bills totaling an amount of Rs.8,46,363/- across 4. Learned counsel for the petitioner submits that the petitioner 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 on 05.06.2023, the bills amount is not yet paid to the petitioner even after lapse of four 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: 2021 Lawsuit (AP)390 3 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. 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 Rradesh 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 on 05.06.2023, 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. i 6. In view of the foregoing discussion by this Court in S. Srinivas case referred of, with the following directions; and in the light of the law laid down supra, the Writ Petition is disposed i) The respondents are directed to clear the bills as shown in the quality an amount of interest on the said amount control certificates filed by the Rs.8,46,363/- i petitioner and release in favour of the petitioner along with per the entitlement vide the Judgment of the Division Bench of this Court Writ Appeal No.724 of 2021 (10) weeks from the date of i as in and batch of cases dated 12.10.2023 receipt of a copy of this order. within ten ii) The interest shall be computed from the date of the date of submission of the bill by the expiry of one month from 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/- G. HELA NAIDU ASSISTANT REGISTRAR I //TRUE COPY// S OFFICER To, 1. The PrI. Secretary to Government, Water Resources Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The PrI. Secretary to Government, Department of Finance and Planning, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Irrigation and Command Area Development, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. X 5. One CC to Sri Sivaprasad Reddy Venati, 6. Two CCs to GP for Irrigation and CAD Amaravati[OUT] 7. Two CC’s to GP for Finance and Amaravati[OUT] 8. Three CD Copies. Advocate [UPuuj High Court of A.P. at Planning, High Court of A.P. at ssb ^ . HIGH COURT DATED:06/05/2025 ORDER WP.No.12390 of 2024 s 1HJUL 2025 « Current Section rn DISPOSING OF THE W.P. WITHOUT COSTS