Allowed

Athipalli Sivaprasad Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC2 Apr 2024WP/6064/2024

Case brief

AI extract

What is this about?

A writ petitioner seeking payment of Rs 7.62 lakh for completed desilting works. Court directed respondents to pay the dues along with 6% per annum interest within two months, distinguishing earlier arbitrariness judgments.

What did the court decide?

Respondents directed to pay Rs 7,62,935/- along with 6% per annum interest within two months to the petitioner.

Athipalli Sivaprasad Reddy Vs the… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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

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WEDNESDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6064 OF 2024

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Between:

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Athipalli Sivaprasad Reddy, S/o Veera Reddy, Aged about^57years R/o D. No. 7-7-17, Attipallivari Street, Kovuru, SPSR^{NelloreDistrict.}

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...Petitioner

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AND

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The State Of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District.

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The Superintendent Engineer, Irrigation AND Command Area Development, Irrigation Circle, Nellore, SPSR Nellore^District.

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The Executive Engineer, Water Resources Department,^{NelloreCentral} Division, Nellore, SPSR Nellore District.

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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 one in the nature of WRIT OF MANDAMUS declaring the^action of the respondents in non-payment an amount of Rs. 7,62,935/in total due for

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the last Two years even after finaliztng the bills, payable to the petitioner after the successful completion of the execution of works^{i.e..Desiltingof} Iskapalli Channel in Venkatachalam Mandal of SPSR Nellore District vide Agreement No. 144/0 AND M/DN/ 2020-21, dated 12.10.2020.duly approved by the respondents, as illegal, arbitrary, unjust, unreasonable and vioIgtfVe of rights guaranteed to the Petitioner under^{Articles14and21} of • the Constitution of India and consequently direct the respondents to release a*n amount of Rs. 7,62,935/- towards the works executed by the petitioner along with 12PERCENT interest per annum.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC 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 amount^{ofRs.7,62,935/-} in total due for the last Two years even after finalizing the bills, payable to the petitioner after the successful completion of the execution of works i.e.. Desilting of Iskapalli Channel in Venkatachalam Mandal^{ofSPSRNellore} District vide Agreement No. 144/0&M/DN/ 2020-21, dated 12.10.2020. forthwith, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI. SIVAPRASAD REDDY VENATI

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Counsel for the Respondent Nos. 1,3 &4: GP FOR IRRIGATION^COMM AREA DEV

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Counsel for the Respondent No. 2: GP FOR FINANCE AND^PLANNING

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The Court made the following: ORDER

APHCO10112672024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO; 6064/2024

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Between:

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Athipalli Sivaprasad Reddy ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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• • • RESPONDENT(S)

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Counsel for the Petitioner:

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SIVAPRASAD REDDY VENATI

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Counsel for the Respondent(S):

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GP FOR IRRIGATION COMM AREA DEV

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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ORDER:

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The petitioner has been awarded the contract of work(s)^underthe subject scheme in SPSR Nellore District. After execution of the said contract, final bill was prepared for a sum of Rs.7,62,935/- as per the sanctioned orders. As the payment of the said amount^hasnotbeen made by the respondents, the petitioner has approached this Court by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high handed requiring the interference of this Court.

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This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No. 10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader for Irrigation placed on record the written instructions dated 02.04.2024 submitted by the Executive Engineer, Nellore, wherein, it is stated that due to lack of LOC, the bill was not paid to the petitioner. Soon after release of LOC, the bill amount due to the petitioner will be paid to the petitioner.

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In view of the aforesaid directions of this Court ini various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Irrigation this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.7,62,935/- to the petitioner, along with the interest @ 6% per annum. in 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, within a period of two (02) months from the date of receipt of a copy^ofthisorder. It would also be open to the petitioner to agitate his claim for higher rate of

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interest, if any payable by the respondents, in an^{appropriateforum.} There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending^inthisWrit

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Petition shall stand closed.

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SD/- M. SURYANADHA REDDY DEPUTY RpiSTRAR //TRUE COPY// Uu/ SECTION OFFICER

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To.

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