Dismissed

Janmabhoomi and Mavoori Committee, v. The State of Andhra Pradesh

Andhra Pradesh HC11 Feb 2024WP/7575/2022

Case brief

AI extract

What is this about?

Petitioner sought writ for payment of withheld work contract amount with interest. Court found principal amount paid, interest claim unsustainable here. Petition dismissed as infructuous with liberty to pursue separate suit for interest.

What did the court decide?

Petition dismissed as infructuous; liberty granted to petitioner to initiate separate proceedings for interest.

Janmabhoomi and Mavoori Committee, Vs The State of Andhra Pradesh — Andhra Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO; 7575 qf

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Between:

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Janmabhoomi and Mavoori Committee, Marellapadu (V), Dagaarthi (M), Rep. by its Convenor G. Malyadri Reddy, S/o. Pitchi Reddy, Aged about 54 years, Occ- Contractor, R/o. Marellapadu, Dagadarthi (M), SPSR Nellore District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Special Chief Secretary. Department of Irrigation (Water Resources Department) Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Slate of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings . Velagapudi,

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Amaravathi, Guntur District.

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The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore District.

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The Executive Engineer, Nellore North Division Kavali, SPSR Nellore

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District.

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The Chief Executive Officer, AP CFMS Office 6th Floor, C-Block,

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Anjaneya Towers, Ibrahimpatnam, Krishna District.

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...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in ' the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the

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payment of net balance amount Rs.7,52,332/- vide CFMS ID number 2019279764, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of check dam on Veerapagunta vagu near Marellapadu Village in Dagadarthi Mandal of SPSR Nellore District, vide Agreement No.84 DN/2018-19, dated 29.09.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.7,52,332/- vide CFMS ID number 2019-279764 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the respondents to consider for payment of amount of Rs.7,52,332/- vide CFMS ID number 2019-279764 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. "Construction of check dam on Veerapagunta vagu near Marellapadu Village in Dagadarthi Mandal of SPSR Nellore District", vide Agreement No.84 DN/2018-19, dated 29.09.2018 forthwith, pending disposal of the Writ Petition.

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Counsel for the PetitioneriSRI. BATHALA RAMESH Counsel for the Respondents No.1,3,4: GP FOR IRRIGATION Counsel for the Respondents No.2,5: GP FOR FINANCE AND PLANNING The Court made the following: ORDER

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APHC010125332022

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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3329 MONDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO; 7575 OF 2022

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Between:

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Janmabhoomi and Mavoori Committee,

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S)

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Counsel for the Petitioner(s):SRI. BATHALA RAMESH

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Counsel for the Respondents: GP FOR IRRIGATION COMM^AREA DEV

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The Court made the following:

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ORDER:

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Heard learned counsel for the petitioner(s) and learned^Government Pleader for the respondents. 2. When the matter is taken up for hearing, learned Government Pleader for Finance and Planning, on oral instructions^{submittedthat} respondent authorities paid the total due amount claimed by the petitioner(s).

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On the other hand, learned counsel for the petitioner(s)^submits that the respondents paid the principal amount, but^{notpaidtheinterest} as claimed by the petitioner(s).

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In view of the submissions made by the learned counsel for the petitioner(s) and learned Government Pleader that the principal amount was already paid as claimed by the petitioner(s). The contention of the learned Government Pleader that the claim of interest for delayed payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.

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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(s) to claim differential amount/withheld amount or interest amount, if any, by way of initiation of fresh/separate legal proceedings in accordance with law.

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Consequently, miscellaneous petitions, if any, pending^shallstand closed.

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Sd/- SHAIK MOHD. RAFI ASSISTANT GISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to SRI. BATHALA RAMESH Advocate [OPUC]

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Two CCS to GP FOR IRRIGATION, High Court of Andhra^Pradesh. [OUT]

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Two CCS to GP FOR FINANCE AND PLANNING, High Court^of Andhra Pradesh. [OUT]

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Three C.D.Copies

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HIGH COURT DATED: 12/02/2024

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ORDER

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WP.No.7575 of 2022

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'
•ns
2 7 AUG 202‘i col
O^ . Current Section ^
^ PeSPATCVt^^

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DISMISSING THE WP AS

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INFRUCTUOUS WITHOUT COSTS

Janmabhoomi and Mavoori Committee, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Janmabhoomi and Mavoori Committee, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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