Writ petition challenging non-payment of dues for irrigation works dismissed as infructuous because the principal amount was admitted as paid. Petitioner granted liberty to claim interest via separate proceedings.
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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
MONDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1671 OF 2022
Between:
Ponnathi Chalapathi Rao, S/o Late Ramaiah, Aged 63 Years, Occupation President of WUA Chennayapalem Tank, R/o. Kavali Bit - II (Rural), Kavali Mandal, S.P.S.R.Nellore District.
...Petitioner
AND
...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 a writ, order or direction more particularly one inthe nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment of amounts due for the last three years even after finalizing the bill payable to the petitioner after the successful completion of the
execution of 3 different irrigation works i.e., Improvementstotankbondof Chennayapalem tank and Desilting of Gundlammavagu near Chennayapalem Village in Kavali Mandal of S.P.S.R. Nel lore District under Neeru-Chettu programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and unconstitutional being violative of Articles 14 and 2 I of Constitution of India and consequentlydirectthe respondents to consider the payment of amounts due to the petitioner in respect of execution of said works forthwith
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the amount payable to the petitioner for 3 different irrigation works i.e., “Improvements to tank bund of Chennayapalem tank and Desilting of Gundlammavagu near Chennayapalem Village in Kavali Mandal of S.P.S.R. Nellore District" executed by him under "Neeru-Chettu" programme immediately, pending disposal of the main writ petition
Counsel for the Petitioner: SRI NIMMAGADDA REVATHI
Counsel for the Respondent No.1: GP FOR FINANCE PLANNING
Counsel for the Respondent No. 2 to 6: GP FOR IRRIGATION
The Court made the following; Order
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)
MONDAY THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1671 OF 2022
Between:
..PETITIONER(S)
AND
RESPONDENTS
- Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
- When the matter is taken up for hearing, learned Government
Government Pleader for the respondents.
Pleader for Finance and Planning, on oral instructionssubmitted
that respondent authorities paid the total due amountclaimedby
the petitioner.
2
’V
- On the other hand, learned counsel for the petitionersubmits that the respondents paid the principal amount, but not paid the interest as claimed by the petitioner.
- In view of the submissions made by the learned counselfor the petitioner and learned Government Pleader that the principal amount was already paid as claimed by the petitionerandalsothe contention of the learned Government Pleader that the further claim of interest for delayed payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.
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 accordancewith
law. No costs.
Consequently, miscellaneous petitions, if any, pending shall
stand closed.
Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTI OFFICER
To,
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HIGH COURT
DATED:12/02/2024
ORDER
2 9 AUG 202^
Cc
t
^ Current Section ,
WP.No.1671 of 2022
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
2 issues framed by the court
Whether the non-payment of amounts due for the execution of irrigation works was illegal and arbitrary.
Whether the petitioner is entitled to interest on delayed payment of dues.
3 provisions across 2 enactments
Ponnathi Chalapathi Rao
The State of Andhra Pradesh
The Chief Engineer, Minor Irrigation Department
The District Collector, S.P.S.R. Nellore District
The Superintendent Engineer, Irrigation Circle, Water Resources Department
The Executive Engineer, Nellore North Division Water Resources Department
VENKATESWARLU NIMMAGADDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
