IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5324 OF 2025 - Between: M/s Venkateshwara Constructions, Eluru Rep by its Proprietor and contractor K Preetham S/o Surya Kanakadurga Appa rao aged about 37 years R/o Flat No 10^ Palaadugu Residency, Chintalapudi mandal. West Godavari dist / ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Irrigation and Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Chief Engineer, Minor and Major Irrigation Department, Government of A.P., Irrigation Bhavan, Vijayawada, NTR District, 3. The Commissioner, The Command Area Development Authority, Government of Andhra Pradesh, vijaywada, NTR dist. 4. The Dist Collector, Eluru dist, Eluru 5. The Superintending Engineer, Irrigation Circle, Eluru dist, Eluru 6. The Executive Engineer, Irrigation Division, Eluru dist, Eluru 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning C^partment, Secretariat Buildings, Velagapudi, Amaravati. / ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue the High Court may a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the worth of Rs respondents herein, not releasing and pay the bill amounts 16,41,534/-(Rs 9,12,494/- and Rs 7,29,040/-) with interest to the petitioner even though totai works were executed and completed as illegal, arbitrary and violation of Article 14 and 21 of The Constitution Consequentially to direct the respondents to release of India and and pay the bill amounts worth of Rs 16,41,534/-(Rs 9,12,494/- and Rs 7,29,040/-) with interest to the petitioner forthwith. / lA NO: 1 OF 2()7fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release and praying that in the circumstances pay the bill amounts worth of Rs 16,41,534/.(RS 9,12,494/- and Rs 7,29,040/- ) with interest to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. KAMLA SEELAM B Counsel for the Respondent Nos. 1 to 6: GP FOR IRRI AND CAD Counsel for the Respondent No. 7: The Court made the following order: GP FOR FINACNE PLANNING \ I:;}/ ■5 APHC010100302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HMH [3459] It TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5324/2025 Between: ...PETITIONER Venkateshwara Constructions AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KAM LAS EELAM B Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING 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 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 16,41,534/-(Rs 9,12,494/- and Rs 7,29,040/-) with intefm-st^to the petitioner even though totai executed and completed as illegal, arbitrary and violation of 14 and 21 of The Constitution of India and Consequentially to direct respondents to release and pay the bill amounts worth of Rs 16,41,534/- (Rs 9,12,494/- and Rs 7,29,040/-) with interest to the petitioner forthwith, and such other order or orders may deem fit and proper in the circumstances of the case. ” 2. In spite of adjourning the matter, the respondents have not filed their works were Article the to pass counter affidavit. The case of the petitioner is that the petitioner has participated in the tender process and stood as successful bidder. The respondent authorities have entered into an agreement with the petitioner vide agreement Nos. 1/2023 and 2/2023 dated 05.05.2023, for execution of works of De silting of Palavagu Supply Channel from Palavagu Outlet to Dharmajigudem Village, Lingampalem Mandal, and Protection & formation of Bank Yana Tank of Jangunta palle of Chinthalapudi Mandal, Eluru District under O&M Scheme during the year 2023-2024. The petitioner has completed the work. The respondents have issued quality control certificate and measurement book passed final bill for an amount of Rs.16,41,534/- (Rs.9,12,494 and Rs.7,29,040). 3. Learned counsel for the petitioner submits that though the first and final bills were passed on 27.01.2024 and 20.03.2024, the bills amount is not yet paid to the petitioner even after lapse of one year. The learned counsel for the 4. ¥ petitioner further submits that in similar circumstances, this Court in S. Srinivas \/s. 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 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. 71) /\s 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. ” This Court has observed that though the works were completed long back and the bills were passed on 27.01.2024 and 20.03.2024, 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 25j 5. 2021 Lawsuit (AP)390 t. and the bills amount, the respondents should pay the bills amount oh work first done first paid” basis. In view of the foregoing discussion and in the light of the law laid down by this Court in S. Srinivas case referred supra, the Writ Petition is disposed of, with the following directions: 6. directed to clear the bills submitted by the petitioner amount of Rs.16,41,534/- (Rs.9,12,494 and Rs.7,29,040) in favour of the petitioner within four (4) weeks from the date of receipt of a copy of this order with interest at 12% p.a. i) The respondents are and release an 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/- K.KASI RAO ACHARI ASSISTANT REGISTRAR / //TRUE COPY// S^^^i5^FICER / To, 1. The Principal Secretary, Irrigation and Water Resources Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 2. The Chief Engineer, Minor and Major Irrigation Department, Government of A.P., Irrigation Bhavan, Vijayawada, NTR District. 3. The Commissioner, The Command Area Development Authority, Government of Andhra Pradesh, vijaywada, NTR dist. 4. The Dist Collector, Eluru dist, Eluru 5. The Superintending Engineer, Irrigation Circle, Eluru dist, Eluru. 6. The Executive Engineer, Irrigation Division, Eluru dist, Eluru. 7. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi,Amaravati. 8. One CC to Sri. Kamla Seelam B Advocate [OPUC] 9. Two CCs to GP for Irrigation And CAD, High Court Of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 11. Three CD Copies GSC HIGH COURT DATED:01/04/2025 ORDER WP.No.5324 of 2025 0 1 KAY 2025 Current Section ^ (3: \o DISPOSING THE WP WITHOUT COSTS