Dismissed

Yeleswararam Ramachandra Naidu v. the State of Andhra Pradesh

Andhra Pradesh HC13 Feb 2024WP/1161/2022

Case brief

AI extract

What is this about?

Contractor sought mandamus for release of bill amounts under Neeru Chettu programme agreements. Respondents paid the principal amount and contempt proceedings were closed; the writ petition was dismissed as infructuous with liberty to pursue the interest claim in fresh proceedings.

What did the court decide?

Liberty to pursue interest claim by way of fresh/separate legal proceedings; no costs.

Yeleswararam Ramachandra Naidu Vs… — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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

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WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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.
'I
^ V I
A

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1161 OF 2022 ^

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Between:

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Yeleswararam Ramachandra Naidu, W/o. Krishnamanaidu, Aged about 65 years, R/o. H.No.1-59, Vellampalli Village, Dakkali Mandal, Nellore District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary to.. Government Irrigation Department, A.P. Secretariat, Velagapudi Amaravathi, Guntur District, Andhra Pradesh - 522 238.

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The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Finance Department, A.P. Secretariat Velagapudi

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Amaravathi, Guntur District, Andhra Pradesh - 522 238.

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The Director of Works and Accounts, 3rd Floor, C-Block Anjaneya Towers, Ibrahimpatnam, Krishna District- 521456.

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The District Collector, SPSR Nellore District.

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^ Ne^re Distrid (WRD), Irrigation Division, Venkatagiri,^SPSR

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NeLre Districr^^^''^® Engineer, Irrigation Sub-Division,^Rapuru,SPSR

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^ NeHorc^ofsfrict Engineer, Irrigation Section-2, Rapur,^SPSR

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The Superintending Engineer, Irrigation Circle, Nellore Nellore District. Netore District Accounts Neiiore,

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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

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be pleased to issue a writ, order or direction more^{particularlyone} in the nature of Writ of Mandamus, declaring the action of^{therespondentsinnot} releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No. 148 NCP/2018-19 dated 20.11.2018 with the Measurement Book (M-Book) No. 901-A, Agreement No. 149 NCP/2018-19 dated 20.11.2018 with the Measurement Book (M-Book) No. 674-A, Agreement No.249^NCP/2017-18 dated 21.07.2017 with the Measurement Book (M-Book)^{No.876-B,forthe} works executed by the petitioner with the total cost of^Rs. 19,89,402/- under the Neeru Chettu program, approved for payment and^entered in the CFMS (Comprehensive Financial Management System), even after^completionof defect liability period and inspite of repeated requests,^{asillegal,arbitrary,} discriminatory, unjust enrichment, violative of Articles^{14,19,21and300-A} of the Constitution of India, apart from being contrary^{totheordersofthis} Honourable Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment

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lA NO: 1 OF 2022

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Petition under Section 151 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 forthwith pay^the final bill amounts payable to the Petitioner in relation to the works executed by him under "Neeru-Chettu" programme with the Agreement No. 148 NCP/2018-19 dated 20.11.2018 with the Measurement Book (M-Book) No. 901-A, Agreement No. 149 NCP/2018-19 dated 20.11.2018 with^{theMeasurement} Book (M-Book) No. 674-A, Agreement No. 249 NCP/2017-18 dated 21.07.2017 with the Measurement Book (M-Book) No. 876-B,^fortheworks

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total cost of Rs.19,89,402/- pending executed by the petitioner with the disposal of the main Writ Petition

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lA NO: 2 OF 2022

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Petition under Section 151 CPC praying that in the circumstances of the petition, the High Court may be stated in the affidavit filed in support of the interim orders pleased to extend the time limit for implementation for payment of dated 12-04-2022 in l.A.No.1/2022 in W.P.No.1161/2022 amount for further period of four months from now onwards

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Counsel for the Petitioner: SRI T VENU GOPAL Counsel for the Respondents No. 1,5 to 8: GP FOR IRRl^ANDCAD(AP) Counsel for the Respondents No. 2, 3,9; GP FOR FINANCE

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Counsel for the Respondent No.4: GP FOR REVENUE

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The Court made the following: Order

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j ;

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No. 1161 of 2022

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ORDER;

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Heard learned eounsel for the petitioner and learned^Government Pleader for the respondents.

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When the matter is taken up for hearing, learned Government Pleader for Finance and Planning, on oral instructions^{submittedthat} respondent authorities paid the total due amount claimed by the' i petitioner.

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On the other hand, learned counsel for the petitioner^submitsthat the respondents paid the principal amount, but not^{paidtheinterestas} claimed by the petitioner and the contempt proceedings initiated in C.C.No.5967 of 2022 was also closed.

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In view of the submissions made by the learned counsel^forthe petitioner and learned Government Pleader that the^{principalamount} was already paid as claimed by the petitioner, contempt^proceedings were closed and also the contention of the learned Government^Pleader that the further claim of interest for delayed payment can^beagitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.

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and for the reasons stated 5. In view of the facts and circumstances above, the present Writ Petition is dismissed as infructuous,^granting claim differential amount/withheld amount or liberty to the petitioner to of initiation of fresh/separate legal interest amount, if any, by way proceedings in accordance with law. No costs.

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Consequently, miscellaneous petitions, if any, pending shall stand

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closed. /

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SD/-V. SAVITHRI GOWW assistant REGIS TRAR

//true copy//

SECTION OFFICER

To,

, nno rr to SRI T VENU GOPAL Advocate (OPUCl ;:rcCC;toOPPORIRPIA.OCAO(AP,,H^ 3. pradejhTwo PUTI^ FOR FINANCE, High Court of Andhra Pradesh

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Two High Court of Andhra Pradesh

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GP FOR REVENUE,

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Two CCS to

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Three CD Copies

gsg PRK

HIGH COURT

DATED: 14/02/2024

ORDER

WP.No.1161 of 2022

DISMISSING WP AS INFRUCTUOUS WITHOUT COSTS

Yeleswararam Ramachandra Naidu v. the State of Andhra Pradesh

Case brief

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Yeleswararam Ramachandra Naidu v. the State of Andhra Pradesh

Case brief

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What did the court decide?

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