IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 10275 OF 2024 Between: M/s. Sagittal Infra Projects, Door No.9-2-228/A, Jangareddygudem , West Godavari District rep by its Managing partner Sri K. Krishna Kishore ...PETITIONER AND The State of Andhra Pradesh, Rep. by its PrI. Secretary, Irrigation and Water Resources (CAD) Department, at Secretariat, Velagapudi, Amaravati, Guntur District, A.P. The State of Andhra Pradesh, Rep. by its PrI Secretary, Finance and Planning department at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The Superintending Engineer, Irrigation circle, Krishna Eastern Division, Vijayawada, NTR District The Executive Engineer, Water Resources Department, Krishna Eastern Division, Vijayawada, NTR District Pay and accounts Officer, Vijayawada, NTR District. 1. 2. 3. 4. 5. ...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 be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying the final bill amount of Rs.4,78,851/-(FourLakhs Seventy Eight Thousand Eight Hundred and Fifty One Rupees) to the petitioner in respect of execution of the work relating to agreement Nos.32/2020-21 dated 20-06-2020 as illegal, arbitrary, and violation of prineipl^s of natural justice and violation of Article 14 OQns|ti|tion of India and consequently direct the respondents to 19(1)(g) of pay the said .amount of Rs. 4,78,851/-(Four Lakhs Seventy Eight Thousand Eight Hundred and Fifty One Rupees) to the petitioner with interest @18% annum from 09.05.2022 till the date of payment in the interest of justice. per 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 an amount of Rs 4,78,851/- (Four Lakhs Seventy Eight Thousand Eight Hundred and Fifty One Rupees) to the petitioner firm in respect of execution of work relating to work agreement Nos.32/2020-21 dated 20-06-2020 in the interest of Justice pending disposal of the writ petition. Counsel for the Petitioner: SRI CH. Counsel for the Petitioner: SRI CH. B. R. P. SEKHAR Counsel for the Respondent Nos.1,3 & 4: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 5: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010201452024 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: 10275/2024 Between: Sagittal Infra Projects ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CH B R P SEKHAR Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV 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 declaring the inaction on the part of the respondents in paying the final bill amount of Rs 4,78,851/- (Four Lakhs Seventy Eight Thousand Eight Hundred and Fifty One Rupees) to the petitioner in respect of execution of the work relating to agreement Nos. 32/2020-21 dated 20-06-2020 as illegal, arbitrary, and violation of 2 principles of natural justice and violation of Article 14, 19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount of Rs 4,78,851/-(Four Lakhs Seventy Eight Thousand Eight Hundred and Fifty One Rupees) to the petitioner with interest @ 18% per annum from 09-05-2022 till the date of payment In the interest of justice and pass such other order orders as this Hon ble Court may deem fit and proper in the circumstances of the case, such other order or orders may deem fit and proper In the circumstances of the case. ” or 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 has participated in the tender process and the 4^^ respondent has entered into agreement with the petitioner vide agreement No.32/2020-21, dated 20.06.2020 for the works relating to Desilting of Madepalli channel from Km 0.00 to Km 6.00 under jurisdiction of Ke Canal Section, Eluru during the year 2020-21. The petitioner has completed the work. The 4**^ respondent has issued the books and passed final bills totaling an amount of Rs.4,78,851/-. measurement 4. Learned counsel for the petitioner submits that though the first and final bills were passed in the year 2021, 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 \/s. State of Andhra Pradesh and others^ held as under: ‘21) In the considered opinion of this Court, withholding the amount for which the petitioner is legitimately entitled is nothing but depriving the petitioner. 2021 Lawsuit (AP)390 3 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. 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) This Court has observed that though the works were completed long 5. back and the bills were passed in the year 2021, 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: 4 'A ? .w i) The respondents are directed to clear the bills control certificates filed by the petitioner and release Rs.4,78,851/- in favour of the petitioner along with interest on the said amount per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within six (6) weeks from the date of receipt of a copy of this order. as shown in the quality “ an amount of as ii) The interest shall be computed from the date of expiry of one month from date of submission of the bill by the petitioner till the date of payment. the There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINSVAS ASSISTANT REGISTRAR //TRUE COPY// ScO-i-H: OFFICER To, 1. The PrI. Secretary Irrigation and Water Resources (CAD) Department, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravati, Guntur District, A.P. The PrI. Secretary Finance and Planning department. State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The superintending engineer. Irrigation circle, Krishna Eastern Division, Vijayawada, NTR District The Executive Engineer,Water Resources Department, Krishna Eastern Division, Vijayawada, NTR District Pay and Accounts Officer, Vijayawada, NTR District. One CC to Sri Ch. B. R. P. Sekhar, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravatl[OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. ssb HIGH COURT DATED:06/05/2025 ORDER WP.No.10275 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS