Ifi IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV/ (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9318 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, Amaravathi,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 be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying the final bill amount of Rs 3,97,8781- (Three Lakhs Ninety Seven Thousand Eight Hundred and Seventy Eight Rupees) the petitioner in respect of execution of the work relating to agreement may one to Nos.11/2021-22 dated 19-05-2021 principles of natural justice and Constitution of India and consequently direct the respondents to pay the said amount of Rs 3,97,878/- (Three Lakhs Hundred and Seventy Eight Rupees) per annum from 01-12-2021 till the date of illegal, arbitrary, and violation of violation of Article 14, 19 (1) (g) of as Ninety Seven Thousand Eight to the petitioner with interest @ 18% payment in the interest of justice. lA NO: 1 OF 9n9d Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents to pay an amount of Rs 3,97 878/- (Three Lakhs Ninety Seven Thousand Eight Hundred the petitioner firm i and Seventy Eight Rupees) to in respect of execution of work relating to work agreement in the interest of justice pending disposal Nos. 11/2021-22 dated 19-05-2021 of the writ petition. Counsel for the Petitioner: SRI GH. 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 APHC010185322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEE [3459] 0^ TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9318/2024 Between: ...PETITIONER M/s Sagittal Infra Projects AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others 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 3,97,8781- (Three Lakhs Ninety Seven Thousand Eight Hundred and Seventy Eight Rupees) to the 1 petitioner in Nos. 11/2021-22 dated respect of execution of the 19-05-2021 work relating to agreement illegal, arbitrary, and violation onZInTT'"'"' ® ofConmulion of consequently direct the respondents to 3,97,878/- (Three Lakhs Ninety Seven Eight Rupees) to the petitioner pay the said amount of Rs Thousand Eight Hundred and Seventy 12 2021 ,,, fro™ 01- 1 o' r oooero 00 this Hoa'ble Court rosy Oeem fit anh proper in the case...” In spite of adjourning the counter affidavit. circumstances of the 2. matter, the respondents have not filed their 3. The case of the petitioner tender process and the 4'^ petitioner vide relating to Weed Removal 58.500 under the jurisdiction Khariff. The petitioner has the measurement books and is that the petitioner has respondent has entered into participated in the agreement with the agreement No.11/2021-22, dated of Krishna Eluru Canal from 19.05.2021 for the works K, 43.700 to Km of Krishna District during the completed the work. The year 2021-22 respondents have issued passed final bills for an amount of Rs.3,97,878/-. 4. Learned counsel for the petitioner bills were passed in the year 2021, the bills petitioner even after lapse of four further submits that i State of Andhra Pradesh submits that though the first and final amount is not yet paid to the years. The learned counsel for the in similar circumstances, this Court i * and others^ held as under; petitioner in S. Srinivas \/s. -21) Which th ‘n- >0^ pet,t,oner ,s tegihmatety eotitteP ,s r,othi„g hu, Peprivtng the petitioher. 2021 Lawsuit (AP)390 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) 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”. I 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) 5. This Court has observed that though the works were completed long 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. In view of the foregoing discussion and in the light of the law laid down 6. by this Court in S. Srinivas case referred supra, the Writ Petition is disposed of, with the following directions; 0 The respondents are directed to clear the bills control certificates filed by the petitioner Rs.3,97,878/- in favour of the petitioner along with interest per the entitlement vide the judgment of the Division Writ Appeal No.724 of 2021 and batch of (6) weeks from the date of receipt of a copy of this order, ii) The interest shall be computed from the the date of submission of the bill by the petitioner till as shown in the quality and release an amount of on the said amount as Bench of this Court in cases dated 12.10.2023, within six date of expiry of one month from 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 f ASSISTANT REGISTRAR se6ton officer //TRUE COPY// To, 1. The PrI. Secretary, Irrigation and Water Resources i State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi,Guntur District, A.P. 2. The PrI. Secretary. Finance and Planning department, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi.Guntur District, A.P. 3. The Superintending Engineer, Irrigation circle, Krishna Eastern Division Vijayawada, NTR District 4. The Executive Engineer, Water Resources Department, Krishna Eastern Division Vijayawada, NTR District 5. Pay and accounts Officer, Vijayawada 6. One CC to Sri Ch. B. R. p, Sekhar 7. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 8. Two CC’s to GP for Finance Amaravati[OUT] 9. Three CD Copies. (CAD) Department, NTR District. Advocate [OPUC] and Planning, High Court of A P. at ssb HIGH COURT DATED:06/05/2025 ORDER ^ ANOHg^ r WP.No.9318 of 2024 X 10 JUL 2025 .. Current Section . ^ PeSPATCV<^^ m «o DISPOSING OF THE W.P. WITHOUT COSTS