/ ■ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 7730 OF 2025 Between: Dharmarajula Satyanarayana, S/o.Naga Bhushanam, Aged about 50 years, Occ- Contractor, R/o.7-169, Main Road, Kaikaluru Village, Kaikaluru Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat, Amaravathi, Guntur District. 2. The Engineer-in-Chief, Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. 3. The Superintendent of Engineer, Irrigation Circle, Eluru, West Godavari District. 4. The Executive Engineer, Irrigation and Water Resources Department, Drainage Division, Gudivada, Krishna District. 5. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, 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 may be pleased to issue a Writ, order dr direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents herein in not paying the admitted bill amount of Rs. 10,07,642/- for the work executed in terms of Agreement No.09/2023-24 dated 18-07- 2023 and Rs.9,39,114/- for the work executed in terms of Agreement No.01/2020-21 dated 06-05-2020 even after finalizing the bills payable to the petitioner as illegal, arbitrary, unreasonable and violative of Articles 14 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the admitted bill amount of Rs 10,07,642/- for the work executed in terms of Agreement No.09/2023-24 dated 18-07-2023 and Rs.9,39,114/- for the work executed in terms of Agreement No.01/2020-21 dated 06-05-2020 along with interest @24% per annum. 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 herein forthwith to release and pay the admitted bill amount of Rs. 10,07,642/- for the work executed in terms of Agreement No.09/2023-24 dated 18-07- 2023 and Rs.9,39,114/- for the work executed in terms of Agreement No.01/2020-21 dated 06-05-2020 along with interest @24% per annum, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P. L. NARASIMHA RAO Counsel for the Respondent Nos.1 to 4: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING The Court made the following: ORDER APHC010149212025 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: 7730/2025 Between: Dharmarajula Satyanarayana, ...PETITIONER AND The State Of Andhra Pradesh and Others Counselfor the Petitioner: 1.P LNARASIMHA RAO Counsel for the Respondent(S): 1.GPFOR IRRIANDCAD 2.GP FOR FINANCE PLANNING 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 issue awrit, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not paying the admitted bill amount of Rs. 10,07,642/- for the work executed in terms of Agreement No. 09/2023-24, dated 18.07.023 and Rs.9,39,114/- for the work executed In terms of Agreement No.01/2020-21, dated 06.05.2020 even after finalizing the bills payable to the petitioner as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India consequently direct the respondents herein forthwith to release and pay the admitted bill amount of Rs.10,07,64^- for the work executed in terms of and w 2 Agreement No.09/2023-24, dated 18.07.023 and Rs.9,39,114/- for the work executed in terms of Agreement No.01/2020-21, dated 06.05.2020along with interest 24% per annum ” " Inspite of adjourning the matter, the respondents have not filed their counter affidavits. 2. 3. The case of the petitioner is that the petitioner is a civil contractor and the 4'^' respondent has entered into three agreements for execution of works for ‘Removal of Kikkisa and Weed growth in minor drains under Drainage Section No.4, Kaikaluru and Removal of weed growth in drain course of Peddayadiagadi Bridge between 1"* Span and 56‘^ Span and in link pilot channel (in weed free condition). The petitioner has completed all the works. The respondents have issued quality control certificate and also issued measurement books and passed the bills for a total of Rs. 19,58,406/- (Rs. 10,56,450/- and Rs.9,01,956/-). 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 the years2020 and 2025, 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 •21) 2021 Lawsuit (AP)390 3 % 'I 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) 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”. 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) This Court has observed that though the works were completed long back and the bills were passed in the years 2020 and 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” 5. basis. 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 6. following directions; i) The respondents n. are directed to clear the bills and release an amount of Rs.19,58,406/- {Rs.10,56,450/ in favour of the petitioner along with submitted by the petitioner - and Rs.9,01,956/-) amount as per the Division Bench of this Court in Writ interest on the said entitlement vide the judgment of the Appeal No.724 of 2021 and batch of months from the date of receipt of a copy of this order. cases dated 12.10.2023, within three (3) ii) The interest shall be computed from the date of submission of the bill by the petitioner There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR the date of expiry of one month from till the date of payment. //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Irrigation and Water Resources Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Engineer-in-Chief,,Minor/Major Irrigation Department, Irrigation Bhavan, Vijayawada, Krishna District. 3. The Superintendent of Engineer, Irrigation Circle, Eluru, West Godavari District. 4. The Executive Engineer, Irrigation and Water Resources Department, Drainage Division, Gudivada, Krishna District. 5. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. 6. One CC to Sri P. L. Narasimha Rao, Advocate [OPUC] 7. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb .-ft HIGH COURT DATED:01/05/2025 ORDER ^ 2 3 JUN 2025 i S^js4;jirrentSectig{^^ \5SS£i(iSS^ WP.No.7730 of 2025 toi DISPOSING OF THE W.P. WITHOUT COSTS