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Chiramana Sudhakar Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC24 Nov 2023WP/6103/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 and Section 151 CPC, the petitioner sought relief for non-payment of Rs. 24,49,263 due for executed water conservation works. The court directed the respondents to pay the amount with 6% interest within six weeks, relying on prior directives regarding payment of dues.

What did the court decide?

Respondents directed to pay Rs. 24,49,263 to the petitioner along with interest at 6% per annum within six weeks.

Chiramana Sudhakar Reddy Vs the… — Contract and Commercial Disputes | Andhra Pradesh HC (2023)

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

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FRIDAY ,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6103 OF 2023

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Between:

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Chiramana Sudhakar Reddy, S/o Krishna Reddy, Aged about 65 years, Occ president Water User Association, Kudithipalem, R/o Nidamulli Village, Indukurpeta Mandal, SPSR Nellore District. ...Petitioner

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AND

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The State Of Andhra Pradesh, Rep. by its Principal Secretary to. Water Resources Department, Secretariat, Velagapudi, Amaravathi,^{GunturDistrict.}

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The State of Andhra Pradesh, Rep. by its Principal Secretary to. Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi,^{GunturDistrict.}

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The Superintendent Engineer, Irrigation and Command Area Development, Irrigation Circle, Nellore, SPSR Nellore District.

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The Executive Engineer, Water Resources Department,^{NelloreCentral} Division, Nellore, SPSR Nellore District.

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...RESPONDENTS

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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 respondentsⁱⁿ non-payment^of amount of Rs. 24,49,263/- in total due for the last three years even after finalizing the bills, .payable to the petitioner after the successful^{completionoftheexecution} of works i.e., 1. Reconstruction of Cm and CO works^{onR/Sbankanddesilting} from regulator to downstream of Mudivarthipalem Medium drain near Ramudupalem Village, Indukurpeta Mandal, SPSR Nellore^{DistrictvideAgreement} No. 45/NCP/2017-18 dated 28.07.2017, 2. Desilting of^{NidimusaliMinorDrain,} Indukurpeta Mandal, SPSR Nellore District vide Agreement^{No.12/DN/NC/2018-} 19 dated 15.11.2018, 3. Reconstruction of CM and CD^{worksonL/Sbankand} strengthening of bund on Mudivarthipalem Medium drain^{inIndukur petaMandal,} SPSR Nellore District vide Agreement No. 44/NCP/18-19 dated 28.07.2017 respectively for Neeru-Chettu programme duly approved^{bytherespondents,as} illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and^{21oftheConstitutionofIndia}

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and consequently direct the respondents to release^{anamountofRs.24,49,263/-} towards the works executed by the petitioner along with 12per interest per annum.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the amount of Rs. non-payment of amount of Rs. 24,49,263/in total due for the last three years even after finalizing the bills, payable to the petitioner after the successful completion^{oftheexecutionofworks} i.e., "1. Reconstruction of Cm and CO works on R/S bank and desilting from regulator to downstream of Mudivarthipalem Medium drain near Ramudupalem Village, Indukurpeta mandal SPSR Nellore District vide Agreement No. 45/NCP/2017-18 dated 28.07.2017, 2. Desilting of Nidimusali Minor Drain, Indukurpeta Mandal, SPSR Nellore District vide Agreement^No. 12/DN/NC/201819 dated 15.11.2018, 3. Reconstruction of CM and CD^{worksonUSbankand} strengthening of bund on Mudivarthipalem Medium drain in Indukurpeta Mandal, SPSR Nellore District vide Agreement No. 44/NCP/18-19 dated 28.07.2017 respectively, forthwith, pending disposal of the main writ petition.

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Counsel for the Petitioner(s): SRI. SIVAPRASAD REDDY^VENATI

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Counsel for the Respondent Nos.1,3 &4; GP FOR IRRIGATION^COMMAREA DEV

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Counsel for the Respondent No.2; GP FOR FINANCE

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No.6103 of 2023

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ORDER;

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The petitioner had been awarded various contract works under the subject scheme in Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.24,49,263/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court.

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This Court, in various orders, including the judgment^ofalearned Single Judge of this Court dated 05.10.2021 in W.P.No. 10038^of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents^{attheearliest.}

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On the other hand, learned Government Pleader for Irrigation^while admitting about the claim of the petitioner placed^{onrecordinstructions} received from the Executive Engineer, Nellore, dated^{16.11.2023.Hewould} submit that the LOC pertaining to the subject contract^{wasnotreleased} and after release of LOC, the bills will be uploaded in the CFMS

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immediately. Soon after uploading of bills in CMFS, the bill amount will be paid to the petitioner.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.24,49,263/- to the petitioner along with the interest @ 6% per annum, in view of the judgment of the HonT^le 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. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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/ /

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To,

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Sd/- KJ. RA^BABU ASSISTAN GISTRAR //TRUE COPY// JU ^^^CTION OFFICER

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Principal Secretary to, Water Resources Department, Secretariat, Velagapudi Amaravathi, Guntur District, Andhra Pradesh.

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Principal Secretary to. Department of Finance and Planning, Secretariat Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

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The Superintendent Engineer, Irrigation and Command Area Development Irrigation Circle, Nellore, SPSR Nellore District.

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The Executive Engineer, Water Resources Department, Nellore Central Division, Nellore, SPSR Nellore District.

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One CC to Sri. Sivaprasad Reddy Venati Advocate [OPUC]

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TwoCCsto GP For Irrigation Comm Area Dev ,High Court Of Andhra Pradesh. [OUT],

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Two CCs to GP for Finance, High Court of Andhra Pradesh.[OUT],

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Three CD Copies

AL SK

HIGH COURT

DATED:24/11/2023

ORDER

WP.No.6103 of 2023

IS ■h A cS/fafe''

DISPOSING THE WP WITHOUT COSTS

Chiramana Sudhakar Reddy v. the State of Andhra Pradesh

Case brief

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Chiramana Sudhakar Reddy v. the State of Andhra Pradesh

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