IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) > b’ t', A-/ K.a THURSDAY. THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE o PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7660 OF 2025 Between: The Water User Association Gollavalli, rep by Its president Dasari Sai Babu S/o Chenchu aged about 49 years R/o 6-19, Ramabai Peta, Kothalanka, Dr Br Ambedkar Konaseema Dist. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation, CAD and Rural Water Supply Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Engineer-In-Chief, Minor and Major Irrigation Projects Department, Irrigation Bhavan, Government of A.P., NTR District. 3. The District Collector, Dr Br Ambedkar Konaseema Dist, Amalapuram 4. The Chief Engineer, Godavari Delta System, Irrigation circle,Dowleswaram,East Godavari Dist. 5. The Superintending Engineer, irrigation circle, Dowleswaram, East Godavari Dist. 6. The Executive Engineer, Drainage Division, Kakinada circle, Kakinada Dist. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. may 16,59,053/- with interest to the petitioner for execution of various works ,iver\ though total works were executed and completed by the petitioner as :|legal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 16,59,053/- with interest to the petitioner forthwith. •5?' ••• lA NO: 1 OF 2025 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 and pay the bill amounts worth of Rs. 16,59,053/- with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SAMEERA BOKKA Counsel for the Respondents: GP FOR IRRI AND CAD The Court made the following order: £■'■4 APHC010142212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE ( PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7660/2025 Between: ...PETITIONER The Water User Association Gollavalli AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.SAMEERA BOKKA Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 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 particuiariy one in the nature of Writ of Mandamus to deciaring the action on the part of the respondents herein not reieasing and pay the biil amounts worth of Rs.16,59,053/- with interest to the petitioner for execution of various works even though total works were executed and completed by the petitioner as illegal, arbitrary and violation of Articles 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 16,59,053/- with interest to the petitioner forthwith and to pass ” 2 Inspite of adjourning the matter, the respondents have not filed their ^ 2. counter affidavits. The case of the petitioner is that the petitioner is a civil contractor and the e**" respondent has entered into three agreements for execution of works for ‘Desilting of Rajulapalem Minor drain from Km 0.00 to 2.0 in WUA Gollavelli, desilting of Gudilanka Minor drain from Km 0.00 to 3.560 in WUA Gollavelli and desilting of Goraganamudi Minor drain from Km 5.00 to 10.00 in WUA Gollavelli. The petitioner has completed all the works. The respondents have issued quality control certificate and also issued measurement books 3. and passed the bills for a total of Rs.14,89,618/- (Rs.1,33,536/-, Rs.6,27,659/- and Rs.7,28,423/-). 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 the year 2019, the bills amount is not yet paid to the petitioner even after lapse of six 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: 4. ‘21) 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 2021 Lawsuit (AP)390 3 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”. 25) 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. ” This Court has observed that though the works were completed long back and the bills were in the year 2019, 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 5. respondents should pay the bills amount on “first done first paid” basis. 6. In view of the foregoing discussion and 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 submitted by the petitioner ^ and release an amount of Rs.14,89,618/- (Rs.1,33,536/-, Rs.6,27,659/- and Rs.7,28,423/-) 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 two (2) 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/- N. NAGAMMA assistant REGISTRAR //TRUE COPY// To SECTION OFFICER 1. The Principal Secretary, Irrigation, CAD and Rural Water Supply Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 2. The Engineer-In-Chief, Minor and Major Irrigation Projects Department, Irrigation Bhavan, Government of A.P., NTR District. 3. The District Collector, Dr Br Ambedkar Konaseema Dist, Amalapuram 4. The Chief Engineer, Godavari Delta System, Irrigation circle, Dowleswaram, East Godavari Dist. 5. The Superintending Engineer, Irrigation circle, Dowleswaram, East Godavari Dist. 6. The Executive Engineer, Drainage Division, Kakinada circle, Kakinada Dist. 7. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 8. One CC to Sri Sameera Bokka, Advocate [OPUC] 9. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] 10. Three CD Copies RAM (gsg) HIGH COURT DATED:01/05/2025 ORDER WP.No.7660 of 2025 DISPOSING OF THE WP WITHOUT COSTS