President vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Venkateswarlu Nimmagadda
Listed On:
13 Feb 2024
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Order Text
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: 10694 OF 2022
Between:
1. President,, WUA, Singapeta-2, Allur Mandal, SPSR Nellore District, Rep. by its President B Mallikarjuna Reddy, S/o. Late Ramana Reddy, Aged about 66 years, Occ- Contractor, R/o. Singapeta, Allur Mandal, SPSR Nellore District, Pin Code- 524 315.
...PETITIONER(S)
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, Nellore, SPSR Nellore District.
- 4. The Executive Engineer, WRD, Nellore Central Division, Nellore, SPSR Nellore District.
- 5. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District.
...RESPONDENTS
The Court made the following Order:
- Heard learned counsel for the petitioner and learned
Government 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.
-
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.
-
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 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.
JUSTICE VENKATESWARLU NIMMAGADDA
_____________________________________
Date: 13.02.2024 JLV
2
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HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.10694 of 2022
13<sup>th</sup> February, 2024
$\mathsf{J}\mathsf{L}\mathsf{V}$