IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA

(Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10564 OF 2022

Between:

1. V Ramaiah, S/o V.Natarajan, age about 55 years, Occ. Contractor, R/o H.No.5-6, Ramapuram of, Budithireddypalli Village, Yadamarri Mandal, Chittoor District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Irrigation and CAD, Secretariat Buildings, Velagapudi, Amaravathi.
• 2. The Engineer in Chief, Irrigation and CAD, D.No.48-10-9/1, NH Feeder Road, Currency Nagar, Vijayawada, Krishna District.
• 3. The District Collector, Chittoor District at Chittoor.
• 4. The Executive Engineer, Irrigation and CAD, Chittoor Division, Chittoor District.
• 5. The Pay and Accounts Officer, (Works and Projects), Chittoor District, Chittoor.

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-compliance of payment of Rs.8,27,040/- under M.Book No.696-B, including quality control holding amounts, for the works

done by the petitioner for repairs to check darn across local vagu near Budithireddypalli Village in Yadamarri Mandal, Chittoor District, as illegal, arbitrary, violation of principles of natural justice, contrary tothe Rules and

Regulations there under and consequently direct the respondents to pay amount of Rs.6,72,013/- under M.Book No.696-B, including quality control holding amounts. an

lA NO: ¹ OF 2022

♦

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Petition under Section 151 CPC is filed 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 release the funds through ^a proper channel for payment of Rs.8,27,040/- under M.Book No.- GU B, including quality control holding amounts, pending disposal of the writ petition.

Counsel for the Petitioner: SRI. K V ^L NARASIMHA RAO Counsel for the Respondent Nos. ¹ to 4: GP FOR IRRI AND CAD (AP) Counsel for the Respondent No.5: GP FOR FINANCE AND 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: ¹⁰⁵⁶⁴ OF ²⁰²² Between;

1. Contractor. R/o H.No.5-6. Ramapuram of. Budithireddypalli Village, Yadamarri Mandal, Chittoor District.

...PETITIONERISI

AND

• Ihe State of Andhra Pradesh. Rep, by Principal Secretary, Irrigation and CAD. Secretariat Buildings, Velaaapudi. Amaravathi. 1.
• 2- The Engineer in Chief, Irrigation and CAD, D.No.48-10-9/1. NH Feeder Road. Currency Naqar Viiayawada, Krishna District. ^—'
• 3- The District Collector. Chittoor District at Chittoor.
• '*• The Executive Engineer. Irrigation and CAD, Chittoor Division. Chittoor District.
• 5- The Pay and Accounts Officer, (Works and Projects), Chittoor District. Chittoor.

RESPONDENTS

The Court made the following:

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

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.

3. On the other hand, learned counsel for the petitioner submits that the respondents paid the principal amount, but not paid the interest as and the contempt proceedings initiated in claimed by the petitioner C.C.No.5189 of 2022 was also closed.

of the submissions made by the learned counsel for the Pleader that that the principal claimed by the petitioner, contempt of the learned In view petitioner and learned Government amount was already paid proceedings Government Pleader that the payment can be agitated by way proceedings is also valid and sustainable. 4. as closed and also the contention further claim of interest for delayed were of initiation of separate/fresh legal

and for the reasons stated In view of the facts and circumstances above, the present Writ Petition is dismissed as infructuous, granting claim differential amount/withheld amount or 5. liberty to the petitioner to interest amount, if any, by way proceedings in accordance with law. No costs. of initiation of fresh/separate legal

Consequently, miscellaneous petitions, if any. pending shall stand closed.

Sd/- M PRABHAKAR RAO ASSISTANT REG STRAR SECTIO efi^FICER //TRUE COPY//

To

• 1. One CC to SRI K V ^L NARASIMHA RAO Advocate [OPUC]
• 2. Two CCs to GP FOR IRRI AND CAD (AP), High Court of Andhra Pradesh [OUT]
• 3. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh [OUT]
• 4. Three CD Copies

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HIGH COURT

DATED:12/02/2024

ORDER

WP.No.10564 of 2022

DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS

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