APHC010038382025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3459]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY SECOND DAY OF APRIL

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 2151/2025

Between:

Kalahasthi Hemanth Varma ...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. K L N SWAMY

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 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 paying the bills for execution of works by the Petitioner works under 1. Agreement No. 269/O and M/2019-20, Dt.06-03- 2020 2. Agreement No. 187/0 and M/2019-20, Dt.24-02-2020 3. Agreement No. 109/0 and M/2019-20, Dt.21-11-2019 4. Agreement No. 110/0 and M/2019-20, Dt.2.1-11-2019 Total four works amount of Rs.32,17,859/- to the

petitioner with 6percent interest till today from the date of completion of respective works 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 release the bills for the above completed works immediately with 6percent interest and to pass such other order or orders may deem fit and proper in the circumstances of the case.”

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

3. The petitioner is a civil contractor and he was allotted seven works under O & M program under various agreements during the year 2019-2020. The petitioner has completed the work. The respondent authorities have issued quality control certificate and measurement books and passed final bills totaling an amount of Rs.32,17,859/-.

4. 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 2024, the bills amount is not yet paid to the petitioner even after lapse of one year. 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 unjust and violative of Article

21 of the Constitution of India.

24) 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:

“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”.

25) 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.”

5. This Court has observed that though the works were