APHC010160692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3459]

(Special Original Jurisdiction)

FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8276/2024 Between:

Avuthu Narayana Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING

2. GP FOR IRRIGATION COMM AREA DEV 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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not paying the bills for execution of work vide 1) Agreement No.15 DN of 2023-24, dated 19.06.2023, 2) Agreement No.16 DN of 2023-24, dated 19.06.2023, 3) Agreement No.17 DN of 2023-24, dated 19.06.2023, 4) Agreement of 2023-24, dated 19.06.2023, 5) Agreement No.19 DN of 2023-24, dated 19.06.2023, 6) Agreement No.20 DN, dated 19.06.2023, total six works amount of Rs.59,65,558/- to the petitioner with 24% interest till today from the date of completion of respective works as illegal and arbitrary…”.

2. In spite of adjourning the matter several times, the respondents have not filed their counter affidavits.

3. The case of the petitioner is that the petitioner has participated in the tender process and stood as a successful bidder. The 6^th respondent has entered into six agreements with the petitioner for ‘Removal of weed growth on Surplus Course Drain, Jalla vagu Drain and in falling Drains in Vatticherukuru (M), Guntur District, Repairs of Silt on Vangipuram Medium Drain above AM Channel from Km 2.000 to Km 7.55, in Prathipadu (M), Guntur District, Removal of weed growth on Chebrolu major Drain between KM 0.600 to Km 9.800 and in falling Drains in Chebrolu (M) of Guntur District, Removal of weed growth from East Swamp Drain, poondla Affluent Drain, Nallamada Old Course Drain, Catch water Drain and Bhimunigunta vagu Drain in Bapatla (M) Bapatla District, Removal of weed growth in Major Drain on Konda vagu upper arm above AM channel in Prathipadu (M) of Guntur District and Repairs to removal of weed growth from Donka Drain, Muthayapalem Drain, Immadisettivaripalem Drain, pulaka Drains, and Appikatla Old Course Drain in Bapatla (M) Bapatla District during the year 2023-2024. The petitioner has completed all the works and the same was entered in M-Books by the respondent authorities. The 6^th respondent passed the bills for a total amount of Rs.53,43,795/- (Rs.11,16,003/-, Rs.8,29,045/-, Rs.9,04,469/-, Rs.11,95,728/-, Rs.8,77,720/- and Rs.4,20,830/-).

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 March2025, 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, [2021 Lawsuit (AP)390] 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.

22) As such this Court holds that withholding the amount, for which the petitioner is legally entitled, is illegal, arbitrary, and unj