IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18540 OF 2024 Between: M/s. H.K.Constructions, D.No.24/163, Shanthi Nagar, Dhargamitta, Nellore, SPSR Nellore District Rep by its Managing Partner, Sri. Punuru Krishna Reddy, S/o. Adepa Reddy, aged about 68 years, Occ Business. D.No.24/163, Shanthi Nagar, Dhargamitta, Nellore, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. Superintendent Engineer, Irrigation/Water Resources Department, Nellore Circle, SPSR Nellore District. 4. Executive Engineer, Irrigation/W.R.D, Nellore Central Division Nellore SPSR Nellore District. 5. Deputy Executive Engineer, Irrigation/W.R.D, Sub-Division, Buchhireddypalem, SPSR Nellore. 6. Pay and Accounts Officer, Works Accounts, Nellore, SPSR Nellore District. ...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 a Writ, order or direction more particularly in the nature of WRU QF MANDAMUS declaring the action of the Respondents in not releasing the amount of Rs. 6,43,319/- along with interest for the work executed by the petitioner pursuant to the agreement bearing No. 215 O&M/DN/2021-22, dated 22.10.2021 for Removal of Weed (Shoals) in D.B. Channel from Km.0.000 to Km 10.000 in Sangam Mandal of SPSR Nellore District as illegal, irregular, irrational and violation of Article 14, 19(1)(g) and 21 of the Constitution of India and Consequently direct the Respondents to pay the of Rs. 6,43,319/- along with interest for the delaying the payment to the petitioner for the said work executed by the petitioner. tc-t- 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. 6,43,319/- along with interest for the work executed by the petitioner pursuant to the agreement bearing No. 215 O&M/DN/2021-22, dated 22.10.2021 for Removal of Weed (Shoals) in D.B. Channel from Km.0.000 to Km 10.000 in Sangam Mandal of SPSR Nellore District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent Nos.1, 3 to 5: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 6: GP FOR FINANCE & PLANNING The Court made the following: ORDER * APHC010364322024 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATl (Special Original Jurisdiction) [3459] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18540/2024 Between: H K Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT{S) 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1.GP FOR IRRI 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 India seeking the following relief: of ...to issue a Writ, order or direction more particularly In the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasing the amount of Rs. 6,43,319/- along with interest for the work executed by the petitioner pursuant to the agreement bearing No. 215 O AND M/DN/2021-22 dated 22.10.2021 for Removal of Weed (Shoals) in D.B. Channel from Km. 0.000 to Km 10.000 in Sangam Mandat of SPSR Nellore District irregular, irrational and violatioji of Article 14, as illegal, 19(1)(g) and 21 of the i 2 4 Constitution of India and Consequently direct the Respondents to pay the of Rs. 6,43,319/- along with interest for the delaying the payment petitioner for the said work executed by the petitioner and pass such other order or orders may deem fit and proper In the circumstances of the case." In spite of adjourning the matter, the respondents have not filed their counter affidavit. to the •) / ■ -- 2. 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.215 O &M/DN/2021-22. dated 22.10.2021 for the works relating to Removal of Weed (Shoals) in D.B. Channel from Km 0.000 to Km 10.000 in Sangam Mandal of SPSR Nellore District. The petitioner has completed the work. The respondent has issued quality control certificate and also the measurement books and passed final bills totaling an amount of Rs. 6,43,319/-. 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 2022, the bills amount is not yet paid to the petitioner even after lapse of three 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 under; as ‘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 executjqn 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) -4s 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. ” I 25) 5. This Court has observed that though the works were completed long back and the bills were passed in the year 2022, 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 i) The respondents are directed to clear the bills as shown in the measurement books filed by the petitioner and release an amount of Rs.6,43,319/- 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 cases dated 12.10.2023, within six (6) weeks from the date of receipt of a copy of this order. 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/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To 1. The Principal Secretary to Government State of Andhra Pradesh, Secretariat District. . Water Resources Department, Velagapudi, Amaravati, Guntur 2. The Principal Secretary to Government, Finance and Planning Department, State of Andhra Pradesh Amaravati, Guntur District. 3. Superintendent Engineer, Irrigation/Water Nellore Circle, SPSR Nellore District. 4. Executive Engineer, Irrigation/W.R. SPSR Nellore District. Secretariat, Velagapudi, Resources Department, D, Nellore Central Division Nellore, 5. Deputy Executive Engineer, Irrigation/W.R Buchhireddypalem, SPSR Nellore. 6. Pay and Accounts Officer, Works Accounts District. 7. One CC to Sri Malireddy Gowtham ■ D, Sub-Division Nellore, SPSR Nellore Advocate [OPUC] 8. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] - 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:05/05/2025 ORDER WP.No.18540of2024 DISPOSING OF THE W.P. WITHOUT COSTS