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

MONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR ^

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA-^

WRIT PETITION NO: 8927 OF 2022

Between:

K Rami Reddy, S/o. K Hanumantha Reddy, Aged about 63 years, Occ; Contractor, R/o. 3-215, Venkatapuram, Pincode. 518225. Dhone, Kurnool District

...PETITIONER

AND

• 1. The State of Andhra Pradesh,, Rep. by its Special Chief Secretary, Department of Irrigation (Water Resources Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 2. The State of Andhra Pradesh,, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• 3. The Superintendent Engineer,, Irrigation Circle, Kurnool, Kurnool District.
• 4. The Executive Engineer,, M.I.Works Division, Kurnool, Kurnool District.
• 5. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District.

...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 of net balance amount Rs.7,98,652/- vide CFMS number 2019- 283367, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Protection wall to Durgamma Kunta near Amadaguntia (V) Kodumur mandal Kurnool district. Vide Agreement No.906 /2018-19, dated 27.06.2018 is questioned, as the same is illegal. Arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.7,98,652/- vide CFMS number 2019-283367 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 petition, the High Court may be pleased to direct the respondents to consider for payment of amount of Rs.7,98,652/- vide CFMS number 2019-283367 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Protection wall to Durgamma Kunta near Amadaguntia (V) Kodumur mandal Kurnool district. Vide Agreement No.906 /2018-19, dated 27.06.2018, forthwith, pending disposal of the Writ Petition.

Counsel for the Petitioner: SRI. BATHALA RAMESH

Counsel for the Respondent No.1,3 & 4; GP FOR IRRIGATION COMM AREA DEV

Counsel for the Respondent No.2 & 5: GP FOR FINANCE AND PLANNING

The Court made the following:

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.8927 OF 2022

ORDER:

Heard learned counsel for the petitioner and learned Government 1. Pleader for the respondents.

When the matter is taken up for hearing, learned Government Pleader for Finance and Planning, on oral instructions submitted that respondent authorities paid the total due amount claimed by the petitioner. 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 and the contempt proceedings initiated m C.C.No.2562 of 2022 was also closed. 3. in

In view of the submissions made by the learned counsel for the and learned Government Pleader that that the principal 4. petitioner amount was already paid as claimed by the petitioner, contempt closed and also the contention of the learned Pleader that the further claim of interest for delayed proceedings were Government

payment can be agitated by way of initiation of separate/fresh legal proceedings is also valid and sustainable.

5. 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.

SD/- K. KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

To,

\

• 1. One CC to SRI BATHALA RAMESH Advocate [OPUC]
• 2. Two CCs to GP FOR IRRIGATION COMM AREA DEV, High Court of Andhra Pradesh [OUT
• 3. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT]
• 4. Two C.D Copies MBT

HIGH COURT

DATED:19/02/2024

ORDER WP.No.8927 Of 2022

DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS