Contractor sought release of admitted irrigation work bills under the Neeru Chettu Programme with interest. The court recorded that the principal amount had been paid and dismissed the writ petition as infructuous, granting liberty to pursue interest claims in fresh proceedings.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATUr
(Special Original Jurisdiction)
/
c<br>
MONDAY, THE TWELFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9237 OF 2022
Between:
M. Chandra Sekhar Reddy, S/o. Siva Rami Reddy, Aged about 45 years, Occ. Contractor, R/o. Gundupapala Village, DornipaduMandal, Kurnool 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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein .1h7not releasing the admitted bill amount of Rs.9,16,958/vide CFMS ’tvlo.1511933 (2019-286265), Rs.9,16,682/- vide CFMS.No.1586974 (2019285495) Rs.6,91,007/vide CFMS.No.1874902 (2019-286053), Rs.9,00,339/vide CFMS.No.1877257 (2019-286010) and Rs.9,04,466/vide CFMS.No.2483822 (2019-287548) despite successful completion of the works executed by the petitioner in terms of different Agreements under Neeru Chettu Programme even after finalizing the billsandthesamewere generated in Comprehensive Financial Management System (CFMS), in spite of repeated requests is illegal, arbitrary, unreasonableandviolativeof Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the aforesaid amounts along with interest @24% p.a.
lA NO: 1 OF 2022
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 direct the respondents herein forthwith to release and pay the admitted bill amount of Rs.9,16,958/vide CFMS No.1511933 (2019286265) Rs.9,16,682/vide CFMS.No.1586974 (2019-285495) Rs.6,91,007/- vide CFMS.No.1874902 (2019-286053), Rs.9,00,339/vide CFMS.No.1877257 (2019-286010) and Rs.9,04,466/vide CFMS.No.2483822 (2019-287548) to the petitioner in respect of the works executed by the petitioner in terms of different AgreementsunderNeeru Chettu Programme, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P DURGA PRASAD
Counsel for the Respondent Nos.1,3 to 5: GP FOR IRRIGATION&CAD Counsel for the Respondent No.2: GP FOR REVENUE
Counsel for the Respondent Nos.6& 7: GP FOR FINANCE & PLANNING The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9237 OF 2022
Between:
...PETITIONER(S)
AND
...RESPONDENTS
- Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
2
- On the other hand, learned counsel for the petitioner submits that the respondents paid the principal amount, but not paid the interest as claimed by the petitioner. 4. In view of the submissions made by the learned counsel for the petitioner and learned Government Pleader that the principal amount was already paid as claimed by the petitioner and also the contention of the 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.
- 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/withheld amount 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, pending shall stand closed.
SDI- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
To,
ssb
HIGH COURT
DATED: 12/02/2024
ORDER
WP.No.9237 of 2022
om
.‘5- ^Os
^ . Cisr/em Seciion
DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether the respondents were liable to release the admitted bill amounts with interest for works executed under the Neeru Chettu Programme.
1 provisions across 1 enactments
M. Chandra Sekhar Reddy
The State of Andhra Pradesh, rep. by Principal Secretary, Irrigation and Water Resources Department
The District Collector, Kurnool District
The Engineer-in-Chief, Minor/Major Irrigation Department
The Superintendent of Engineer, Irrigation Circle, Kurnool
The Executive Engineer, Water Resources Department, M.I. Works Division, Nandyal
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
