In WP 2852 of 2022, the Andhra Pradesh High Court dismissed a petition seeking payment of Rs. 6.20 lakh for a check dam project. The principal claim was adjudged futile as the payment had been made, with liberty granted to claim interest separately.
Petition dismissed as infructuous; liberty granted to claim interest separately.
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.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2852 OF 2022
Between:
Ratakonda Lakshmaiah, S/o. Ramaiah Aged 46 years Rio Marripadu.marripadu post, Nellore, Andhra Pradesh - 524312 ...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 in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment of amount of Rs.6,20,023/-(Rupees Six Lakh Twenty Thousand and Twenty three Only) due for the last three years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., I. construction of check dam Neeru-Chettu Programme - Construction of check dam across Local Vagu near Marripadu
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Village in Marripadu Mandal of SPSR Nellore District,vide Agreement No. 80DN/2018-19 dated 28.08.2018respectively for Neeru-Chettu programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to consider the payment of amounts of Rs. 6,20,023/-(Rupees Six Lakhs Twenty Thousand and Twenty three Only) due to the petitioner in respect of execution of said works executed by thePetitioner. lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay the amounts Rs. 6,20,023/(Rupees Six Lakhs Twenty Thousand and Twenty three Only) payable to the due for the last three years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., I.— Construction of check dam Neeru Chettu Programme —Construction of check dam across Local Vagu near Marripadu Village in Marripadu Mandal of SPSR Nellore District, vide Agreement No. 80DN/2018-19Dt.28-08-2018 respectively for "Neeru-Chettu" programme duly approved by the respondents immediately, pending disposal of the main writ petition Counsel for the Petitioner: M/s. MEKALA ANUSHA
Counsel for the Respondent No.1: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.2, 4, 5: GP FOR IRRIGATION Counsel for the Respondent No3: GP FOR REVENUE
The Court made the following: ORDER
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITON No.2852 of 2022
ORDER;
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
- 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,butnot paid the interest as claimed by the petitioner andthecontempt proceedings initiated in C.C.No.l388 of 2022 were alsoclosed.
- In view of the submissions made by the learned counselfor the petitioner and learned Government Pleader thattheprincipal amount was already paid as claimed by the petitioner,contempt proceedings were closed and also the contention ofthelearned 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.
Consequently, miscellaneous petitions, if any, pendingshall
stand closed.
( t
Sd/- M. PADMALATHA ASSISTANT REGISTRAR //TRUE COPY// M*V\—' SECTION OFFICER
To,
- One CC to M/s.MEKALA ANUSHA Advocate [OPUC]
- Two CCS to GP FOR FINANCE AND PLANNING, High CourtofAndhra Pradesh [OUT]
iS
Three C.D.Copies
HIGH COURT DATED:08/02/2024
ORDER
WP.No.2852 of 2022
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Current Section ^
DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether the writ petition for non-payment of contract amount is maintainable when the principal amount has already been paid.
2 provisions across 2 enactments
Ratakonda Lakshmaiah
The State of Andhra Pradesh
The District Collector, Nellore District
The Superintendent Engineer, Irrigation Division, Nellore District
The Executive Engineer, Irrigation Division, Atmakur
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
