Contractor sought payment of withheld bills with interest for completed irrigation works. Government Pleader stated the principal due had been paid; the court dismissed the petition as infructuous but granted liberty to pursue any interest claim through fresh proceedings.
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c_
[3329]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL
(Special Original Jurisdiction)
THURSDAY ,THE EIGHTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADQA
WRIT PETITION NO: 1019 OF 2023
Between:
...PETITIONER/S
AND
...RESPONDENTS^
Petition under Article 22^ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or orders, direction or directions j
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 .<■ ’'’J.;bi1l^ .for execution of work vide A) Agreement No.35 of 2021-22 (Rs ■?% ■% ■> v ..•o ;8.9;357/-) B) Agreement No. 98 of 2021-22 (Rs 5,46,069 /-). C) ■: ^1; i Agreement No. 125 of 2021-22(Rs2,65,205/-) total an amount of Rs ' *" 17,00,631/-to the petitioner with 24percent interest till to day from thq plate of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article314, 19 (i)g, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above completed for works immediately with 24percent interest^^
lA NO: 1 OF 2023 ^
Petition under Section 1^ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the amount of Rs. 17,00,631/- towards payment of abovefinal bills for the contract works under taken by the petitioner long back, pending disposal of the above writ petition =
Counsel for the Petitioner :SRI. K L N SWAMY
Counsel for the Respondent Nos. 1, 3 to 7: GP FOR IRRIGATION COMiyi AREA DEV
Counsel for the Respondent No. 2 : GP FOR FINANCE The Court made the following:
k ir
\
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 1019 of 2023
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
2
infructuous, granting liberty to the petitioner to claim differential amount/withheld amount or interest amount, if any, by way of initiation of fresh/separate legal proceedings in accordance with law. No costs.
Consequently, miscellaneous petitions, if any, pending
shall stand closed.
SD/-M.PRABHAKARA RAO ASSISTANT REGISTRAR //TRUE COPY// TION OFFICER
To,
HIGH COURT
DATED:08/02/2024
m
5 15 JUL 202<i „
^ . Current Section .
ORDER
WP.No.1019 of 2023
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether the respondents were liable to pay withheld bills for completed contract works with interest, given the principal amount was already paid.
1 provisions across 1 enactments
Nadimpalli Venkatraju
The State of Andhra Pradesh
The Principal Secretary, Finance and Planning Department, Government of Andhra Pradesh
The Engineer in Chief, Irrigation Department
The District Collector, Eluru District
The Superintendent Engineer, Irrigation Circle, Eluru
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
