Writ petition challenging withholding of contractor payment for Neeru Chettu desilting work was dismissed as infructuous since the principal amount had already been paid by authorities, though interest claim required fresh proceedings.
Granted liberty to claim differential/interest amounts via fresh legal 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.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.8403 of 2022
Between:
N Anjaneyulu, S/o. N. Obireddy, Aged about 57 Years, Occ: Contractor, R/o.D. 12/112, 12-Wardum, Mirzapuram Village, Kothacheruvu Mandal, Anantapuramu 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 particularlyoneinthenatureof Writ of Mandamus declaring the action of the respondents in withholding the payment of amounts payable to the petitioner in relation to the execution of works i.e.. Neeru Chettu such as Desilting work in feeder channels ( Kolhapuramma vanka and kaluvamadi Vanka) to feed RamasCheruvu near Talamarla Village In Kothacheruvu Mandal, Anantapuramu District” as illegal, arbitrary, violation of Principles of Natural Justice,ViolationofArticles14,21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay an amount of Rs. 4,45,223/- due to the petitioner in respect of execution of afore mentioned works forthwith.
lA NO: 2 OF 2022
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time limit for implementation of the interimordersdated06-04-2022 in lA No.1/2022 in WP No.8403/2022 for payment of amount for further period of four months from now onwards
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircunnstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith release the bill amountstothepetitionerinrelation to the execution of works i.e vide Agreement No. 244/2018-19dated 29-102018 for an amount of Rs. 4,45,223/- pending disposal of the above writ petition.
Counsel for the Petitioner
: Sri Bandi Srihari
Counsel for the Respondent Nos.1, 3, 4 & 5
: GP for Irrigation
Counsel for the Respondent Nos.2 & 6
: GP for Finance
The Court made the following:
THE HON^BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITON No.8403 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, but not paid the interest as claimed by the petitioner and the contempt proceedings initiated in C.C.No.l799 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 interest for delayed
payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.
Consequently, miscellaneous petitions, if any, pending shall
stand closed.
//TRUE COPY//
SD/- P.U.V.BHASKARA RAO assistant^^gistrar
SECTION OFFICER
To
TK
HIGH COURT
DATED;09/02/2024
ORDER
WP.No.8403 of 2022
a:o 13 SFP ?n?i| ow,
wun&ru afetuoii.
"SVSy-
dismissing the writ petition as infructuous WITHOUT COSTS
N Anjaneyulu
The State of Andhra Pradesh, Rep. by its Principal Secretary (Irrigation Department)
The State of Andhra Pradesh, Rep. by its Principal Secretary (Finance Department)
The Engineer-In-Chief (Irrigation)
The Superintendent Engineer, Water Resources Department
The Executive Engineer, Water Resources Department
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
