I 'it IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8619 OF 2024 , Between: M/S S V S Earth Movers and Engineers, Rep by its Managing Partner Mocharla Madhu S/o Veeraiah, Aged about 40 years, R/o Mittapalem, Eduru Village, T.P Gudur Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Finance and Planning Department,j^P Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. 5. The Commissioner CADA, Water Resources Department, Hanumanpet, Vijayawada. ^.7 ...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 one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs. 27,31,997/- in total due for the last Two years even after finalizing the bills payable to the petitioner after the successful completion of the execution of works i.e.. Arrangements to Channel Near Mulapadu Village Limits in Indukurpet Mandal of SPSR Nellore District vide agreement no. 08 O and M /2023-24 dated 30.08.2023 duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release an amount of Rs. 27,31,997/- towards the works executed by the petitioner along with 12percent interest per annum. Protection 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 may be pleased to direct the respondents to pay the amount of Rs. 27,31,997/- in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e.. Protection Arrangements to Channel Near Mulapadu Village Limits in Indukurpet Mandal of SPSR Nellore District vide agreement no. 08 O&M /2023-24 dated 30.08.2023 forthwith, pending disposal of the main writ petition. / € Counsel for the Petitioner: SRI. SIVAPRASAD REDDY VENATI Counsel for the Respondents No.1,3 to 5: GP FOR IRRIGATION COMM AREA DEV Counsel for the Respondent No.2: GP FOR FINANCE The Court made the following Order: APHC010169572024 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: 8619/2024 Between: M/s S V S Earth Movers And Engineers AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent{S): 1.GP FOR FINANCE PLANNING 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following: ...PETITIONER ...RESPONDENT{S) 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 declaring the action of the respondents in non payment an amount of Rs.27,31,997/- in total due for the last two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., “Protection Arrangements to Channel Near Mulapadu Village Limits in Indukurpet Mandal of SPSR Nellore District vide agreement no.08 O&M/2023-24, dated 30.08.2023" duly approved by the respondents as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the 2 Constitution of India and consequently direct the respondents to release an amount of Rs.27,31,997/- towards the works executed by the petitioner along with 12% interest per annum and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.’’ Inspite of adjourning the matter, the respondents have not filed their 2. counter affidavit. The case of the petitioner is that the petitioner has participated in the tender process and the 4^*^ respondent has entered into an agreement with the petitioner vide agreement No.08 O&M/2023-24, dated 30.08.2023, for execution of work of Protection Arrangements to Channel Near Mulapadu Village Limits in Indukurpet Mandal of SPSR Nellore District vide Agreement No.08 O&M/2023-24, dated 30.08.2023, during the year 2023-2024. The petitioner has completed the work. The respondents have issued quality control certificate and also issued measurement books and passed final bill for 3. an amount of Rs.27,31,997/-. 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 2023, the bills amount is not yet paid to the petitioner even after lapse of two years. The learned counsel for the petitioner further submits that in similar circumstances. 4. 3 this Court in S. Srinivas Vs. State of Andhra Pradesh and others^ held as under: In the considered opinion of this Court, \v/ithholding 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 employees/workers and he could not make payments to the material ‘21) to his 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, 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: 22) 24) A “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 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. ” name. 25) 5. 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 1 2021 Lawsuit (AP)390 4 of work and the bills amount, the ‘first done first paid” basis. dispute with regard to the execution respondents should pay the bills amount on of the foregoing discussion and in the light of the law laid down the Writ Petition is disposed In view by this Court in S. Srinivas case referred supra of, with the following directions: 6. directed to clear the bills submitted by the petitioner amount of Rs.27,31,997/- in favour of the petitioner within i) The respondents are and release an three (03) months from the date of receipt of a copy of this order with interest at 12% p.a. computed from the date of expiry of one month from of the bill by the petitioner till the date of payment. ii) The interest shall be the date of submission There shall be no order as to costs, miscellaneous petitions pending, if any, shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR As a sequel //true copy// SECTION OFFICER To, 1. The PrI. Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Prl. Secretary, Finance and Planning Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superihtehdent Engineer, Water Resources Department, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Ehgineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District. f Department, Hanumanpet, 5. The Commissioner CADA, Water Resources Vijayawada. 6. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] IRRIGATION COMM AREA DEV .High Court Of 7. Two CCs to GP FOR Andhra Pradesh. [OUT] FINANCE, High Court of Andhra Pradesh.[OUT] 8. Two CCs to GP for 9. Three CD Copies vna HIGH COURT DATED:01/05/2025 ORDER WP.No.8619 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS