IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT o el THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM - WRIT PETITION NO: 30183 OF 2024 Between: Rapuru Sundara Ramireddy, S/o. Malakondareddy, Aged 61 years Neliore, Andhra Pradesh - Ananthasagaram Post, Ananthasagaram 524302. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., 2. The Principle Secretary, Finance and Planning Department, The Government of Andhra Pradesh, 2"^^ block, floor. Room No.287, Secretariat Buildings, Velagapudi, Guntur Dist. 3. The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist., 4. The Executive Engineer, S.P. Division no.1 .Somasila ,SPSR Neliore 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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract, as security to under take the works, even completing the observation period amounting to. Rs. 6,33,422/- to the petitioner with interest, till the date of refund from the date • of completion of respective observation periods, as. illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g), 21'of the Constitution of India, consequently direct the respondents to reteas^and repay the deposited amounts for the above works immediately with/interest of 12%. 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.6,33,422/- towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos.1,3 & 4: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING The Court made the following: ORDER ‘v4 APHC010576522024 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 JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30183/2024 Between: Rapuru Sundara Ramireddy ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FOR IRRIANDCAD The Court made the following: ...RESPONDENT{S) ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "...to issueorder or orders direction or directions Writ or Writs particularly In the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract as security to undertake the works even completing the observation period amounting to Rs. 6,33,422/- to the petitioner with interest till the date of refund from the date of completion of respective observation periods as illegal and arbitrary ....” In spite of adjourning the matter, the respondents have not filed their counter affidavits. '■ one 2. 2 3. The case of the petitioner is that he is a civil contractor and the 4*^ respondent has entered into contract with the petitioner for execution of works of ‘SP-GKN Canal-Protection works to aqueduct at KM. 1.020 of 13R Major distributory of NFC, Strengthening of canal bank protection works to structures from KM.0.000 to KM. 1.970 of 1R minor of 13R Major Distributory of NFC, Strengthening of canal banksand protection works to structures from KM.2.000 to KM.3.760 of 1R minor of 13R Major Distributory of NFC, Clearing jungle removal of deposited earth in the canal bed and repair/reconstruction of structures of 12R(A) major distributory of NFC, Reconstruction of damaged inlets of 13R Major Distributory of NFC and Repairs/reconstructi on works to existing structures of 13R Major Distributory of NFC, Repairs and reconstruction works to structures of 16R major distributory of orth feeder channel. Clearing jungle and strengthening of left side banks and protection works to structures of 16R major distributory of NFC, strengthening of canal left banks from KM.3.870 to KM.5.900 13R major distributory of NFC, Clearing jungle and strengthening of canal banks including removal of deposited earth in the reach between KM. 13.700 to U/S of Acqueduct at KM. 14.607 of NFC, Repairs of shutters in arrangements for OTS 1R, 2L, 3L, 4L, 5L, 6L, 7L, 8L, A and 2R and strengthening of canal banks including protection works to structures of 13R major distributory of NFC.The petitioner has completed allthe worksand the same was entered in M-Books by the respondent authorities. The 4^^ respondent passed the bills for a total amount of Rs.22,64,607/- (Rs.7,70,348/-, 7,39,222/- and Rs.7,55,037/-). X 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 memo of payment was issued on 24.06.2023, the bills amount is not paid to the petitioner even after lapse of two 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: ‘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 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 .VG.C.Royopinied 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. ” 25) \ 2021 Lawsuit (AP)390 4 This Court has observed that though the works were completed long back and the bills were in the year 2023, 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 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.22,64,607/- (Rs.7,70,348/-, 7,39,222/- and Rs.7,55,037/-) 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// OFFICER SE' 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, Government of Andhra Pradesh, 2'"'^ block, 1®* floor. Room No.287, Secretariat Buildings, Velagapudi, Guntur Dist., The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist., The Executive Engineer, S.P. Division no.I .Somasila ,SPSR Neilore District. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] Three CD Copies. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:01/05/2025 ORDER WP.No.30183 of 2024 DISPOSING OF THE W.P, WITHOUT COSTS