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

TUESDAY, THE THIRTEENTH DAY OF FEBRUARY ⁱ TWO THOUSAND AND TWENTY FOUR ^I

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 9355 OF 2022

Between:

R/o ^D aged about ⁶² years R/o.D.No.3-55. Kondamayunipalli (V). Owk (M), Kurnool District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water oSJicr^^ Department, Secretariat Buildings, Velagapudi, Guntur
• 2. The Engineer-In-Chief, Water Resources Department Krishna District. Vijayawada,
• 3. The Executive Engineer, Water Resources Division, Nandyal, Kurnool District. Department, M ^I Works
• 4. The Deputy Executive Engineer, M.I.Works Kurnool District. Sub Division, Nandyal
• 5. The District Collector, Kurnool District.
• 6. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District.
• Of Works and Accounts, rep. by its Director. 3rd Fioor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District
• Officer, 0/a.Nandyal, SRBC Coiony Kurnool KsWct "®'

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in may more particularly one in respondents in npt.r@leasing payment for the bill to the tune of Rs.7,86,396/-for the work executed by the petitioner namely improvements to ayacut road of Chenna Reddy Cheruvu near Kondamanayuni Palli (v), Owk (M), Kurnool District under Neeru-Chettu programme vide agreement No. 1158/2018-2019 dated 08-05-2018, as illegal, arbitrary, malafidy, high-handed, and contrary procedure established by law apart from being violative of Articles 14,16 21 of the Constitution of India and consequently direct the respondents forthwith pay the approved amounts in respect of execution work of afore mentioned agreement along with interest. * i^rc^stances stated in the affidavit filed therewith, the High Court ' to issue an approprial order or direction of Writ of Mandamus declaring the action of the to the and to

IA 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 be pleased to direct the respondents to take steps for payment of may amounts Neeru 08-05-2018, payable to the petitioner in relation to the execution of work under Chettu" Program vide agreement No. 1158/2018-2019 dated pending disposal of the Writ Petition.

Counsel for the Petitioner: SRI A.SAI ROHIT

Counsel for the Respondent Nos.1 to 4: GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT

Counsel for the Respondent No.5: GP FOR REVENUE

Counsel for the Respondent Nos.6 to 8: GP FOR FINANCE AND PLANNING

The Court made the following: ORDER

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

TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 9355 OF 2022

Between:

1. N.NARAYANA REDDY, S/o. Malla Reddy, Occ. Business, aged about 62 years, R/o.D.No.3-55, Kondamayunipalli (V), Owk (M), Kurnool District.

$...$ PETITIONER(S)

AND

• 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi, Guntur District.
• 2. The EngineerInChief, Water Resources Department, Vijayawada, Krishna District.
• 3. The Executive Engineer, Water Resources Department, MI Works Division, Nandyal, Kurnool District.
• 4. The Deputy Executive Engineer, M.I.Works Sub Division, Nandyal, Kurnool District.
• 5. The District Collector, Kurnool District.

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• 6. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District.
• 7. The Directorate of Works and Accounts, rep. by its Director, 3rd Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District
• 8. The Assistant Pay and Accounts Officer, 0/a.Nandyal, SRBC Colony, Administrative Building, Telugu Ganga Project, Nandyal - 518 501, Kurnool District.

...RESPONDENTS

The Court made the following Order:

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

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 petitioner. by the

3. 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 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 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. 5. reasons %

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

//TRUE COPY//

SE' FFICER

ASSISTANT REGISTRAR ^I

SD/- K. KASI RAO ACHARI

To,

• 1. One CC to Sri A.Sai Rohit, Advocate [OPUC]
• 2. Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT]
• 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
• 4. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
• 5. Three C.D Copies.

Cnr

MBT

HIGH COURT

DATED:13/02/2024

ORDER

WP.No.9355 of 2022

DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS