The High Court issued a writ of mandamus directing state authorities to pay withheld bill amounts for completed irrigation works to a petitioner, along with 6% annual interest, within six weeks.
Direct payment of withheld bill amount with 6% per annum interest within six weeks.
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.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 503 OF 2022
Between:
Dudekula Bala Kullayi, S/o. Pullanna, Aged 40 Years,OmJanmabhoomi Mavoori Committee member, R/o. Venkatapuram Village, Banaganapalli 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 moreparticularlyoneinthe
lA NO: 1 OF 2022
Petition under Section 151 CPC is filed 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 pay the amounts payable to the petitioner for different irrigation works in Venkatapuram, Yerragudi, Vittalapuram Pasupala and Yagantipalli Villages of Banaganapalli Mandal in Kurnool District executed byhisunder NeeruChettu” programme immediately
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
The Court made the following: ORDER
1
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.503 Of 2022
ORDER: -
- The petitioner seeks writ of mandamus to declare theactionof the respondents in withholding and not releasing anamountcovered under the execution of different irrigation works in Venkatapuram, Yerragudi, Vittalapuram, Pasupala 8& Yagantipalli Villages of Banaganapalli Mandal in Kurnool District, even afterexecution of works, as illegal, arbitrary and violative of principles of natural justice and for a consequential direction.
- The petitioner’s case is that, the petitioner has undertaken certain repair works in Kurnool District and successfully completed those works. On completion of the agreed works, the respondent authorities did not pay the amount till date. Thoughtheworkswere completed long back and the default liability period of two years was also completed, still, the respondent authorities havenotreturnedthe amount. Hence, the writ petition is preferred seekingadirectionto the respondents to pay the amount with interest.
- Heard. No counter is filed by the respondents.
2
- Hence, writ petition is disposed of, directing the respondent authorities to pay the amount covered under the execution of different irrigation works in Venkatapuram, Yerragudi, Vittalapuram, Pasupala & Yagantipalli Villages of Banaganapalli Mandal in Kurnool District to the petitioner along with the interest @ 6% per annum, in
c !l
3
view of the judgment of the Hon^ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023,withina period of six (06) weeks from the date of receipt of a copy of this order.
- Consequently, miscellaneous applications pending, if any, shall stand closed.
//TRUE COPY//
SDI- K. KASI RAO ACHARI ASSISTANT REGISTRAR Nh—
SECTION OFFICER
To
PSR
«
\
H/GH court
DATED;07/02/2024
ORDER
'^PNo.503 of 2022
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2 issues framed by the court
Whether the High Court should direct the respondents to pay withheld bill amounts for completed irrigation works with interest.
Whether the withholding of approved bill amounts violates principles of natural justice and contractual obligations.
Colour shows how this judgement treated each authority
Writ Appeal No.724 of 2021Referred¶37
Writ Appeal No.724 of 2021 and batch dated 12.10.2023
Dudekula Bala Kullayi
State of Andhra Pradesh
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
