IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

FRIDAY. THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 4645 OF 2022

Between:

C.H. Krishna, S/o Bikshamaiah, Aged about. 44 years, R/o 33-119, Anasagaram, Krishna, Andhra Pradesh, 521185

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Finance and Planning, Secretariat, Velagapudi, Amaravati, Guntur District
• 2. The State of Andhra Pradesh, Rep. by its Chief Secretary to Government, General Administration Department, Secretariat, Velagapudi, Amaravati, Guntur District
• 3. The State of Andhra Pradesh, Rep. by its Secretary to Government, Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 4. The Chief Engineer, Minor Irrigation Department, Hanumapeta, Vijayawada, Krishna District.
• 5. The District Collector, Krishna District at Machilipatnam,
• 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District.
• 7. The Executive Engineer, Irrigation Division, Special Division, Vijayawada 2, Krishna District.
• 8. The Comprehensive Financial Management System Finance and Planning Department, Rep by its Chief Executive Officer 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District, Andhra Pradesh - 521456

...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 of amount due for the last three years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e., Desilting the Pedda Vagu of Anasagaram Village in Nandigam Mandal of Krishna District under Agreement No. 07/NC/2018-19 Dated 08.05.2018 for 'Neeru-Chettu' programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amounts due to the petitioner in respect of execution of said works forthwith

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in $\mathcal{L} = \mathcal{L}$ the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay the amounts payable to the petitioner for the works Desilting the Pedda Vagu of Anasagaram Village in Nandigam Mandal of Krishna District under Agreement No. 07/NC/2018-19 Dated 08.05.2018 for "Neeru-Chettu" programme immediately, pending disposal of the main writ petition.

Counsel for the Petitioner: SRI V.N.V.SURYA DATTU

Counsel for the Respondent Nos.1 & 7: GP FOR FINANCE AND PLANNING

Counsel for the Respondent No.2: GP FOR GAD

Counsel for the Respondent Nos.3 to 6: GP FOR IRRIGATION AND CAD

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4645 Of 2022

ORDER;-

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The petitioner seeks writ of mandamus to declare the action of the 1. respondents in non-payment of amount due for the last three years even after finalizing the bills, payable to the petitioner after successful completion of the execution of works i.e., Desilting the Pedda Vagu of Anasagaram Village in Nandigam mandal of Krishna District under Agreement No.07/NC/2018-19 dated 08.05.2018 for Neeru-Chettu programme duly approved by the respondents, as illegal, arbitraiy and violative of principles of natural justice and for a consequential direction.

The petitioner's case is that, the petitioner has undertaken certain works in Krishna District and successfully completed those works. On 2. repair completion of the agreed works, the respondent authorities did not pay the amount till date. Though the works were completed long back and the default liability period of two years was also completed, still, the respondent authorities have not returned the amount. Hence, the writ petition is preferred seeking a direction to the respondents to pay the amount with interest.

3. Heard. No counter is filed by the respondents.

4. As can be seen, the petitioner's case is a pitiable one. The petitioner has successfully completed the agreed works to the satisfaction of the authorities. However, the bill amount was withheld and not returned, most importantly, without any reason.

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Though this Court passed an interim order on 22.02.2022, directing the 5. respondents to pay the approved and final bill amount due to the petitioner, within a period of six (06) weeks, the same was not paid. It is imperative for public authorities to recognize their responsibility and promptly fulfil contractual obligations by paying the agreed-upon amounts to contractors. Failing to do so not only jeopardizes future contractor engagement but also undermines the quality of work delivered. In the present case, the withholding of the bill amount lacks justification. Therefore, it is only fair for the petitioner to receive the payment owed to them, along with interest.

Hence, writ petition is disposed of, directing the respondent authorities 6. to pay the bill amount covered under Agreement No.07/NC/2018-19 dated 08.05.2018 to the petitioner along with the interest $@$ 6% per annum, in view of the judgment of the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order.

$7.$ It would also be open to the petitioner to agitate his claim differential amount/higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

8. Consequently, miscellaneous applications pending, if any, shall stand closed.

//TRUE COPY//

Sd/- M. SRINIVAS ASSISTANT REGISTRAR

SECTION OFFICER

To,

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• 1. The Principal Secretary to Government, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
• 2. The Chief Secretary to Government, General Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

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• 3. The Secretary to Government, Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 4. The Chief Engineer, Minor Irrigation Department, Hanumapeta, Vijayawada, Krishna District.
• 5. The District Collector, Krishna District at Machilipatnam,
• 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District.
• 7. The Executive Engineer, Irrigation Division, Special Division, Vijayawada 2, Krishna District.
• 8. The Comprehensive Financial Management System Finance and Planning Department, Rep by its Chief Executive Officer 6th Floor, C-Block, Anjaneva Towers, Ibrahimpatnam, Krishna District, Andhra Pradesh - 521456
• 9. One CC to Sri V.N.V.Surya Dattu, Advocate [OPUC]
• 10. Two CC's to GP for Finance and Planning, High Court of A.P. at Amaravati $[OUT]$
• 11. Two CC's to GP for GAD, High Court of A.P. at Amaravati[OUT]
• 12. Two CC's to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 13. Three CD Copies.

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HIGH COURT

DATED:02/02/2024

ORDER

WP.No.4645 of 2022

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DISPOSING OF THE W.P. WITHOUT COSTS