IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8276 OF 2024 Between: Avuthu Narayana Reddy, S/o Rama Krishna Reddy, Aged Major Occ Contractor, R/o. Vallabhapuram (V),Kollipara (M), Guntur District., ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., The State of Andhra Pradesh, Rep. by its Principle Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist., .The District Collector, Bapatia Dist., The Superintendent Engineer, Irrigation Circle, Guntur, Guntur Dist., The Executive Engineer, Drainage Division, Chirala, Bapatia 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 be pleased to issue order or order,s,~ direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide 1) Agreement No.. 15 DN of 2023- 24 Dt 19-06-2023, 2) Agreement No. 16 DN of 2023-24 Dt 19-06-2023, 3) Agreement No. 17 DN of 2023-24 Dt 19-06-2023, 4) Agreement No. 18 DN of 2023-24 Dt 19-06- 2023, 5)No. ISDN Agreement No. 19 DN of 2023-24 Dt 19-06- 2023, 6) 1. 2. 3. 4. 5. 6. may Agreement No. 20 DN of 2023-24 Dt 19-06-2023, Total six Works amount of Rs.59,65,558/- to the petitioner with 24 percentage interest till today from the date of completion of respective works as illegal, arbitrary violation of principles of natural'justice and violative of Article 14, 19 (1)g, 21 of the Constitution of India, Consequently direct the respondents to release the bills for the above completed works immediately with 24 percentage interest. 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 release the amount of Rs.59,65,558/- towards payment of above final bills for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI K L N SWAMY Counsel for the Respondents 1, 3 to 6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following order: - ^ APHC010160692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8276/2024 Between: Avuthu Narayana Reddy ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1. K L N SWAMY 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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide 1) Agreement No.15 DN of 2023-24, dated 19.06.2023, 2) Agreement No.16 DN of 2023-24, dated 19.06.2023, 3) Agreement No.17 DN of 2023-24, dated 19.06.2023, 4) Agreement of 2023-24, dated 19.06.2023, 5) Agreement No. 19 DN of 2023-24, dated 19.06.2023, 6) Agreement No.20 DN, dated 19.06.2023, 40tahs-ix-wo-rks-amount oh-Rs759,65,55SATo the petitioner vvitTf ~24%InterestIffl 2 today from the date of completion of arbitrary... ”, In spite of adjourning the matter several not filed their counter affidavits. respective works as illegal and 2. times, the respondents have 3. The case of the petitioner is that the petitioner has participated tender process and stood in the a successful bidder. The 6 as respondent has entered into six agreements with the petitioner for 'Removal of weed growth on Surplus Course Drain, Jalla Vatticherukuru (M), Guntur District, Repairs of Silt Drain above AM Channel from Km 2.000 vagu Drain and in falling Drains in on Vangipuram Medium to Km 7.55, in Prathipadu (M), Guntur District, Removal of weed growth on Chebrolu major Drain between KM 0.600 to Km 9.800 and in falling Drains in Chebrolu (M) of Guntur District, Removal of weed growth from East Swamp Drain Nallamada Old Course Drain, Catch Drain in Bapatia (M) Bapatia District, Removal on Konda vagu upper arm above AM channel District and Repairs to removal Muthayapalem Drain, Immadisettivaripalem , poondia Affluent Drain, vagu of weed growth in Major Drain in Prathipadu (M) of Guntur of weed growth from Donka Drain, Drain, pulaka Drains, Appikatia Old Course Drain in Bapatia (M) Bapatia District during the 2023-2024. The petitioner has completed all the works and the entered in M-Books by the respondent authorities. The e'" respondent passed the bills for a total amount of Rs.53,43,795/- {Rs. 11,16,003/-, Rs.8,29,045/-, Rs,9,04,469/-, Rs.1 1,95,728/-, Rs.8,77,720/- and Rs.4,20,830/-) , water Drain and Bhimunigunta and year same was 3 4. Learned counsel for the petitioner submits that the petitioner has borrowed amounts from third parties to execute the works and is paying huge interest. Though the bills were passed in March2025, the bills amount is not yet paid to the petitioner. 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) 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 .VG.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 4 This Court has observed that though the works were completed long ' back and the bills were passed in March 2025, 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 works and the bills amount, the respondents should pay the bills amount on “first done first paid” basis. 5. 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: 6. i) The respondents are directed to clear the bills submitted by the petitioner and release an amount of Rs.53,43,795/- (Rs.11,16,003/-, Rs.8,29,045/-, Rs.9,04,469/-, Rs.11,95,728/-, Rs.8,77,720/- and Rs.4,20,830/-) 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) months 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/- K TATA RAO DEPUTYJREGISTRAR //TRUE COPY// % OFFICER SECT To 1. The Principle Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 2. The Principle Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 3. The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist., 4. The District Collector, Bapatia Dist., 5. The Superintendent Engineer, Irrigation Circle, Guntur, Guntur Dist., 6. The Executive Engineer, Drainage Division, Chirala, Bapatia District. 7. One CC to Sri K L N Sv\/amy, Advocate [OPUC] 8. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies RAM (gsg) HIGH COURT DATED:02/05/2025 ORDER WP.No.8276 of 2024 DISPOSING OFTHE WP WITHOUT COSTS