Dismissed

Eleswaram Sujatha, v. The State of Andhra Pradesh

Andhra Pradesh HC15 Feb 2024WP/1218/2022

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner challenged the State of Andhra Pradesh for non-payment of bill amounts and interest under the Neeru Chettu program. The Court, noting that the principal amount had already been paid and contempt proceedings were closed, dismissed the petition as infructuous while granting liberty to claim interest through separate legal proceedings.

What did the court decide?

Petitioner granted liberty to claim differential amount or interest amount, if any, by way of initiation of fresh/separate legal proceedings.

Eleswaram Sujatha, Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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

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FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD^

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WRIT PETITION NO: 1218 OF 2022

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Between:

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Eleswaram Sujatha, W/o. Ramchandra Naidu, Aged about⁵⁵ 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 Amaravathi, Guntur District, Andhra Pradesh - 522 238.

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

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The District Collector, SPSR Nellore District.

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Engineer (WRD), Irrigation Division, Venkatagiri SPSR

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Nellore District.

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Executive Engineer, Irrigation Sub-Division, Rapuru SPSR

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Nellore District.

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Executive Engineer, Irrigation Section-2, Rapur, SPSR

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Nellore District.

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The Superintending Engineer, Irrigation Circle, Nellore, Nellore District.

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^ NeLre^DistriS Accounts Officer, Works Accounts Nellore,

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...Respondents

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Petition under Article 226 of the Constitution of India is filed 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

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one in the nature of Writ of Mandamus, declaring the action of the respondents in not releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No. 247 rvfCP/2017-18 dated 27.07.2017 with the Measurement Book (M-Book) No. • 861-B, Agreement No. 172 NCP/2017-18 dated 30.06.2017 with the Measurement Book (M-Book) No. 863-B, Agreement No.^{169NCP/2017-18} dated 30.06.2017 with the Measurement Book (M-Book) No. 865-B, Agreement No. 170 NCP/2017-18 dated 30.06.2017 with^{theMeasurement} Book (M-Book) No. 864-B, for the works executed by the petitioner with the total cost of Rs.5,06,252/- under the Neeru Chettu program, approved for payment and entered in the CFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrary to the orders of this Flon'ble^{Courtissuedfromtimeto} 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^{interestaccruedon} 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 is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh 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. 247 NCP/2017-18 dated 27.07.2017 with the Measurement Book (M-Book) No. 861-B, Agreement No. 172 NCP/2017-18 dated 30.06.2017 with the Measurement Book (M-Book) No. 863-B. Agreement No.^{169NCP/2017-18} dated 30.06.2017 with the Measurement Book (M-Book) No. 865-B, Agreement No. 170 NCP/2017-18 dated 30.06.2017 with the Measurement

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Book (M-Book) No. 864-B, for the works executed by^{thepetitionerwiththe} total cost of Rs.5,06,252/- pending disposal of the^{mainWritPetition.}

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lA NO: 2 OF 2022

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to extend the time limit^{forimplementationofthe} interim order dated 12-04-2022 in lA 1/2022 in WP. 1218/2022 for payment of amount for further period of four months from now^onwards.

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Counsel for the Petitioner: SRI. T VEND GOPAL

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Counsel for the Respondent Nos. 1,3, & 5 to 8: GP FOR^IRRIGATION COMM AREA DEV

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Counsel for the Respondent No. 4: GP FOR REVENUE

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Counsel for the Respondent Nos. 2&9: GP FOR FINANCE^AND PLANNING

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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 PETITON No. 1218 of 2022

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ORDER;

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Heard learned counsel 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 submitted that respondent authorities paid the total due amount claimed by the petitioner.

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On the other hand, learned counsel for the petitioner^submits that the respondents paid the principal amount, but not paid the interest as claimed by the petitioner and the contempt proceedings initiated in C.C.No.2286 of 2022 were also closed.

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In view of the submissions made by the learned counsel for the petitioner and learned Government Pleader that the principal amount 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

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payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.

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In view of the facts and circumstances and for the reasons stated above, the present Writ Petition is dismissed as infructuous, granting liberty to the petitioner to claim differential amount/withheld amount or interest amount, if any, by way of

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initiation of fresh/separate legal proceedings in accordance^withlaw.

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Consequently, miscellaneous petitions, if any, pending shall

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stand closed.

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To,

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Sd/. M SRINIVAS assistant //TRUE COPY// RpiSTRAR SECTION O^ICER

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One CC to SRI T VENU GOPAL.. Advocate [OPUC]

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2 COs to GP FOR IRRIGATION J COMM AREA DEV, High Court of

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Andhra Pradesh [OUT]

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Two CCs to GP FOR FINANCE and planning, High Court of Andhra

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Pradesh [OUT]

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Two CCs to GP FOR REVENUE . High Court of Andhra Pradesh [OUT]

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Three CD Copies csb

HIGH COURT

csb

DATED: 16/02/2024

ORDER

WP.No.1218 of 2022

DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS

Eleswaram Sujatha, v. The State of Andhra Pradesh

Case brief

What is this about?

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Eleswaram Sujatha, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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