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

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

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 9581 OF 2022

Between:

^H age about ⁵⁵ years, Occ: Contractor, R/o. Chittoor^Dist^rc'T^^^'*^^ Village, Yadamarri Mandal,

...PETITIONER

AND

• of Andhra Pradesh, Rep. by Principal Secretary, Irriqation and CAD, Secretariat Buildings, Velagapudi, Amaravathi.
• 2. The Engineer in Chief, Irrigation and CAD, D.No.48-10-9/1 Road, Currency Nagar, Vijayawada, Krishna District. NH Feeder
• 3. The District Collector, Chittoor District at Chittoor.
• Dislr^r^^**'^^ Engineer, Irrigation and CAD, Chittoor Division , Chittoor
• Chfttoo/ 3"'^ Projects), Chittoor District,

...RESPONDENTS

Petition under Articie 226 of the Constitution of india the circumstances stated in the affidavit fiied therewith praying that in the High Court may be pieased to issue an appropriate Writ, Order or direction particuiariy one in the nature of Writ of Mandamus deciaring the the respondents in non-compiiance of payment of Rs.6.72,013/- under M.Book N0.678-B, inciuding quaiity controi hoiding done by the petitioner for repairs to check dam more action of amounts, for the works across local vagu near Budithireddypalli Village as illegal. in Yadamarri Mandal, Chittoor District, arbitrary, violation of principles of natural justice, contrary to the Rules and

/ Regulations there under and consequently direct the respondents to pay an arnpunt of Rs.6,72,013/- under M.Book No.678-B, including quality /; holding amounts, and pass ( .. ^

lA NO: ¹ OF 2022

■u ■i

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 release the funds through a proper channel for payment of Rs.6,72,013/- under M.Book No.678- 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 IRRIGATION & COMMAND AREA DEVELOPMENT

Counsel for the Respondent No.5 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.9581 OF 2022 ORDER:

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

2. 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.

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 in 3. C.C.No.5205 of 2022 was also closed.

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4. In view of the submissions made by the learned counsel for the petitioner and learned Government Pleader that that the principal amount was already paid as claimed by the petitioner, contempt proceedings were closed 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 interest amount, if any, by way of initiation of fresh/separate legal proceedings in accordance with law. No costs. 5. or

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

ASSISTANT REGISTRAR //TRUE COPY//

SD/- P.U.V.BHASKARA RAO

I

I^CTION OFFICER To,

• 1. One CC to Sri K. V. L. Narasimha Rao, Advocate [OPUC]
• 2. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]
• 3. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
• 4. Three C.D. Copies.

Cnr

HIGH COURT

DATED:19/02/2024

ORDER

WP.No.9581 of 2022

DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS