Petitioner sought mandamus for payment of amounts for desilting irrigation works under Neeru-Chettu programme. Respondents paid the principal amount; contempt proceedings were disposed of. The writ petition was dismissed as infructuous with liberty to pursue interest claims in fresh proceedings. No costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT^^ (Special Original Jurisdiction)
TUESDAY, THE SIXTH DAY OF FEBRUARY V TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 470 OF 2022
Between:
Thota Siva Narayana Reddy, S/o. Tirupal Reddy, Aged 51 Years, OccJanmabhoomi Mavoori Committee member, R/o. Itikala Village, Kolimigundia Mandal, Kurnool 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 particularlyone in the 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 bills, payable to the petitioner after the successful completion of the execution of different irrigation works i.e., Desilting of Erra Vanka, Pedda Vanka and Oota Kunta near Itikala Village in Kolimigundia Mandal of Kurnool District under Neeru-Chettu programme duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amounts due to the petitioner in respect of execution of said work forthwith.
4
lA NO: 1 OF 2022
Counsel for the Petitioner: M/s NIMMAGADDA REVATHI
Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING
Counsel for the Respondent Nos. 2 to 6: GP FOR IRRIGATION& CAD
The Court made the following order:
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.47n of 2n?.7
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.
\
- In view of the submissions made by the learned counsel for the petitioner and learned Government Pleader that 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 payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.
2
- 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
initiation of fresh/separate legal proceedings in accordance with law. No costs.
Consequently, miscellaneous petitions, if any, pendingshallstandclosed.
/
//TRUE COPY//
Sd/- N.NAGAMMA ASSISTAN i;i^d^AR
SEC TIDN OFFICER
To,
- One CC to M/s Nimmagadda Revathi, Advocate [OPUC]
- Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
- Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT]
- Two CD Copies
RAM
HIGH COURT
DATED:06/02/2024
ORDER
WP.No.470 of 2022
AV^
DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS
2 issues framed by the court
Whether the writ petition survived when the principal amount due for irrigation works under Neeru-Chettu programme had been paid and contempt proceedings closed.
Whether interest on delayed payment could be claimed in this writ petition.
2 provisions across 2 enactments
Thota Siva Narayana Reddy
The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Finance and Planning
The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Water Resources Department
The Chief Engineer, Minor Irrigation Department, Vijayawada
The District Collector, Kurnool District
The Superintendent Engineer, Irrigation Circle, Water Resources Department, Kurnool
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
