Writ petition sought release of a withheld balance with interest for irrigation works. Respondents paid the principal amount claimed and related contempt proceedings were closed; the court dismissed the writ petition as infructuous, granting liberty to agitate the interest/differential claim through fresh proceedings.
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.
I I
l!
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction) >
SIXTEENTH DAY OF FEBRUARY
<
THOUSAND AND TWENTY AND TWENTY FOUR u-
FRIDAY.THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGA^A WRIT PETITION NO: 7781 OF 2CS79
Between:
The President, WUA, Jetlakonduru Tank, Manubolu Mandal, SPSR Nellore District, Rep. by its President A. Venkata Subba Reddy, S/o. A Ramireddy, Aged about 54 years, Occ. Contractor, R/o.2-53, Akkarnpeta(V) Mgnubolu(M), SPSR Nellore 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment
h'i
r
of net balance amount Rs.4,03,039/- vide CFMS ID number 2019-279398, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Restoration of Dividing System Walls to Ammavari Tank Sluice near Veerampalli Village in Manubolu Mandal of SPSR Nellore District, vide Agreement No. 1393 DN/2018-19 dated 17.03.2018 is questioned,asthe same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.4,03,039/- vide CFMS ID number 2019-279398 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased please to- direct the respondents to consider for payment of amount of Rs.4,03,039/- vide CFMS ID number 2019-279398 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. "Restoration of Dividing System Walls to Ammavari Tank Sluice near Veerampalli Village in Manubolu Mandal of SPSR Nellore District' vide Agreement No. 1393 DN/ 2018-19, dated 17.03.2018 forthwith, pending disposal of the Writ Petition and pass lA NO: 2 OF 2022
Between:
Petitioners/Respondents 1,3 to 5
-■"S t i'
AND
Respondent (Respondent No.2 is a formal party) 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 extend the time limit for implementationoftheinterimorders dated 29.03.2022 in I.A.No. 1/2022 in W.P.No.7781 /2022 for payment of amount for further period of four months from now onwards.
Counsel for the PetitionenSRI. BATHALA RAMESH
Counsel for the Respondents No.1,3,4: GP FOR IRRIGATION COMMON
AREA DEVELOPMENT
Counsel for the Respondents No.2,5: GP FOR FINANCE AND PLANNING The Court made the following: ORDER
I: r ij'I I
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITON No.7781 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 instructionssubmitted that respondent authorities paid the total due amountclaimedby the petitioner.
- On the other hand, learned counsel for the petitionersubmits that the respondents paid the principal amount, butnotpaidthe interest as claimed by the petitioner and the contemptproceedings initiated in C.C.No.2253 of 2022 were also closed.
- In view of the submissions made by the learned counselforthe petitioner and learned Government Pleader that the principal amount was already paid as claimed by the petitioner,contempt proceedings were closed and also the contention ofthe learned Government Pleader that the further claim of interestfor delayed
p
of initiation of separate/fresh,legal payment be agitated by way proceedings is also valid and sustainable.
Consequently, miscellaneous petitions, if any, pending shall stqnd closed.
\
Sd/- M.PADMA LATHA
! 5
ASSISTANT REGISTRAR
//TRUE COPY//
■’'i'A' Mh-—'
Hi SECTION OFFICER
ifr *•
J
To, Hi.'.
nm
HIGH COURT DATED: 16/02/2024
ORDER
WP.No.7781 of 2022
T VO JUL JK"
I-
oespatc^ •
DISMISSING THE WP AS
INFRUCTUOUS WITHOUT COSTS
2 issues framed by the court
Whether the petitioner could pursue the withheld payment claim after respondents paid the principal amount and contempt proceedings were closed.
Whether the petitioner's interest claim should be decided in this writ petition or by fresh proceedings.
2 provisions across 2 enactments
The President, WUA, Jetlakonduru Tank, Manubolu Mandal, SPSR Nellore District, Rep. by its President A. Venkata Subba Reddy
The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Department of Irrigation (Water Resources Department)
The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning
The Superintendent Engineer, Irrigation Circle, Nellore
The Executive Engineer, W.R.D., Nellore Central Division, Nellore
The Chief Executive Officer, AP CFMS Office
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
