A writ petition challenging non-release of dues under the Neeru Chettu program was dismissed as infructuous because the principal amount was paid, with liberty to claim interest via separate proceedings.
Liberty granted to file fresh proceedings to claim interest or differential amount if any.
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
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE NINETEENTH DAY OF FEBRUARY y TWO THOUSAND AND TWENTY FOUR / PRESENT et
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGA
WRIT PETITION NO: 90fi DF 2022
Between:
R®ddy, Aged about 51 years, R/o. H.No.1059, Chamadala Village, Chamadala Village, Jaladanki Mandal, SPSR Nellore District.
...PETITIONER
AND
Nellore District.
Nellore District.
...RESPONDENTS
%’p
Petition under Article 226 of the Constitution of India praying tha the circumstances stated in the affidavit filed therewith, the High Court may ' 6e pleased to issue a writ, order or, direction more particularly one in the ‘ /^.nature of Writ of Mandamus, declaring the actionoftherespondentsinnot 'releasing the bill amounts admittedly due to the petitioner despite successful completion of work in terms of the Agreement No.44DN/2018-19 dated 18.09.2018 with the Measurement Book (M-Book) No. 2980-B, Agreement No. 92 DN/2018-19 dated 01.10.2018 with the. Measurement Book No. 4392-A, Agreement No.146 DN/2018-19 dated 10.10.2018 with the Measurement Book (M-Book) No. 2972-B, Agreement No.38DN/2018-19 dated 18.09.2018 with the Measurement Book (M-Book) No.2845-B, for the works executed by the petitioner with the total cost of Rs.25,57,532/- under the Neeru Chettu program, approved for payment andenteredintheCFMS (Comprehensive Financial Management System), even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, apart from being contrarytotheordersofthis Hon'ble Court issued from time to time and consequently direct the Respondents to forthwith pay the approved amounts payable to the petitioner in respect of the works executed by the petitioner under the aforesaid agreements, along with interest accrued on the said amounts from the due date till the date of payment.
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 to direct the Respondents to forthwith paythefinal bill amounts payable to the Petitioner in relation to the works executed by him under "Neeru-Chettu" programme with the Agreement No.44 DN/2018-19 dated 18.09.2018 with the Measurement Book (M-Book) No. 2980-B, Agreement No. 92 DN/2018-19 dated 01.10.2018 with the Measurement Book No.
4392-A, Agreement No.146 DN/2018-19 dated 10.10.2018 with the Measurement Book (M-Book) No. 2972-B, Agreement No. 38 DN/2018-19 dated 18.09.2018 with the Measurement Book (M-Book) No.2845-B, for the works executed by the petitioner with the total cost of Rs.25,57,532/pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI T. VEND GOPAL
Counsel for the Respondent Nos.1, 5 to 8 : GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT
Counsel for the Respondent Nos.2, 3 & 9 : GP FOR FINANCE AND PLANNING
Counsel for the Respondent No.4 : GP FOR REVENUE
The Court made the following: ORDER
\
)
THE HON’BtE SRI JUSTICE VENKATESWARLU NIMMAQADDA
WRIT PETITION NO.908 OF 2022
ORDER;
2
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payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.
- 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 to claim differential amount/withheldamount or interest amount, if any, by way of initiation of fresh/separate legal proceedings in accordance with law. No costs.
Consequently, miscellaneous petitions, if any, pendingshallstand
closed.
//TRUE COPY//
To,
Cnr
HIGH COURT r •>
NV, J
DATED:19/02/2024
ORDER
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■k Currsnt Section ^ i
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WP.No.908 of 2022
DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether petition for issuance of writ of mandamus regarding dance release of bill amounts is maintainable when principal amount was already paid.
Reddy
The State of Andhra Pradesh
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
