Writ petition by a Water User Association and its president seeking payment for executed irrigation works under the Neeru Chettu scheme. The matter was closed by the High Court after admitting that the disputed amount had already been paid to the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIQH COURT OF ANOHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAODA
WRIT PETITION NO: 7939 OF 2022
Between:
...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 an appropriate writ, order or direction more particularly one in tire nature of Writ of Mtindamus declaring the action of tlie respondents in not releasing the payments for the work executed by the petitioner under the scheme Neeru Chettu Providing Execution of Work i) Desilting the Tank bed area of Yerfa tank of Chittela Village in Tiruvuru Mandal, Krishna District Agreement No.507/201 8-20 19 dated 28.06.2018 for an amount oflLs. 7,80,762/ii) Desilting the Supply Chennel of Ura tank of Chowtapalli Village in Tiruvuru Mandal, Krishna District Agreement No.625/201 8-2019 dated 24.07.2018 for an amount of Rs. 3,43,291/iii) Desilting the Check dam Supply Chennel of Chittela Village in Tiruvuru Mandal, Krishna District Agreement No.627/2018-2019 dated 24.07.2018 for an amount of Rs. 3,49,493/- iv) Clearing light jungle and construction of sluices on Kattaleru supply channel in ThiruvuruVillage in Tiruvuru Mandal, Krishna District Agreement No.393/2018-2019 dated 18.06.2018 for an amount of Rs. 6,55,914/v) Repairs to Surplus weir of Jagannadhasagaram tank of Chittela Village in Tiruvuru Mandal, Krishna District Agreement No.357/20 1 7-20 1 8 dated 15.06.2017 for an amount of Rs. 5,94,648/and the total work is valued at Rs.27,24,108/with 18% interest is illegal, arbitrary tind contrary to law, violation of principles of natural Justice and consequently direct the respondent authorities to release an amount of Rs.27,24,1 08/with interest at 1 8°y'o for the works executed by the petitioner under the scheme Neeru - Chettu Providing Execution of Work i) Desilting theTankbed area of Yerra tank of Chittela Village in Tiruvuru IVtandal, Krishna District Agreement No.507/2018-2019 dated 28.06.2018 ii) Desilting the Supply Cliennel of Ura tank of Chowtapalli Village in Tiruvuru Mandal, Krishna District Agreement No.625/20 1 8-20 1 9 dated 24.07.20 18 iii) Desilting the Check dam Supply Chennel of Chittela Village m Tiruvuru IVtandal, Krishna District Agreement No.627/20 1 8-2019 dated 24.07.2018 iv) Clearing lightjungle and construction of sluices on Kattaleru supply channel in Thiruvuru Village in Tiruvuru Mandal, Krishna District Agreement No.393/2018-2019 dated 18.06.20 18 v) Repairs to Surplus weir of Jagannadhasagaram tank of Chittela Village in Tiruvuru Mandal, Krishna District Agreement No.357/201 7-20 1 8 dated 15.06.2017 and to pass
"S
lANO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities to release an amount of Rs.27,24,108/-with interest at 18% for the works executed by the petitioner under the scheme Neeru - Chettu Providing Execution of Work i) Desilting the Tank bed area of Yerra tank of Chittela Village in Tiruvuru Mandal, Krishna District with an estimated cost of Rs.9.9 Lakhs through the Agreement No.507/2018-2019 dated 28.06.2018 ii) Desilting the Supply Chennel of Ura tank of Chowtapalli Village in Tiruvuru Mandal, Krishna District with an estimated cost of Rs.3.9 Lakhs through the Agreement No.625/2018-2019 dated 24.07.2018 iii) Desilting the Check dam Supply Chennel of Chittela Village in Tiruvuru Mandal, Krishna District with an estimated cost of Rs.4 Lakhs through the Agreement No.627/2018-2019 dated 24.07.2018 iv) Clearing light jungle and construction of sluices on Kattaleru supply channel in Thiruvuru Village in Tiruvuru Mandal, Krishna District with an estimated cost of Rs.7.7Lakhs through the Agreement No.393/2018-2019 dated 18.06.2018 v) Repairs to Surplus weir of jagannadhasagaram tank of Chittela Village in Tiruvuru Mandal, Krishna District with an estimated cost of Rs.9 Lakhs through the Agreement No.357/2017-2018 dated 15.06.2017.
Counsel for the Petitioners: SMT. MARELLA RADHA
Counsel for the Respondent No.1: GP FOR FINANCE AND PLANNING
Counsel for the Respondent Nos.2 to 6: GP FOR IRRIGATION
The Court made the following: ORDER
f
I /
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7939 of 2022
ORDER:
When the matter is taken up for hearing learned Government Pleader for the respondents submits that the amount is already paid to the petitioner.
Learned counsel for the petitioner also admitted thattheamountis paid to the petitioner.
Accordingly, the Writ Petition is closed. No costs.
Consequently, miscellaneous petitions pending, if any,shallstand
closed.
To,
Sd/- K.KASIRAO ACHARI ASSISTAN ISTRAR //TRUE COPY// V - SECTION OFFICER
ssb
HIGH COURT
DATED:22/11/2023
ORDER
WP.No.7939 of 2022
S’. I'eJ
CLOSING THE W.P. WITHOUT COSTS
Tummalapalli Srinivasarao
The Water User Association
The State of Andhra Pradesh
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
