IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF FEBRUAR TWO THOUSAND AND TWENTY FOUR PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11007 OF 202?

Between:

\

V

B Madhu Sudana, S/o. Subbaraidu, Aged about 53 Contractor, R/o. H.No.1-75A, Gadivemula, Kurnool District, Pincode. 518508. years, Occ.

...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, W.R D, M.I.Works Division, Nandyal, Kurnool District.
• 5. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6th Floor, C-Block

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue ^a writ of mandamus or any other appropriate writ or may

direction declaring the action of the Respondents in withholding the payment of net balance amount Rs.8,50,513/- vide CFMS number 2019- 287030, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Desilting and jungle clearance of Maddileru vagu from Ch. ¹ ^5^m to Ch. 3.00 Km near Gadivemula (V) of Gadivemula (M) of Kurnool (Dt^^uhder Neeru Chettu Programme, Vide Agreement No. 1846/2018-19 dated 09.07.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.8,50,513/- vide CFMS number 2019-287030 with interest @24% 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 is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased please to direct the respondents to consider for payment of amount of Rs.8,50,513/- vide CFMS number 2019-287030 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Desilting and jungle clearance of Maddileru vagu from Ch. 1.25 Km to Ch. 3.00 Km near Gadivemula (V) of Gadivemula (M) of Kurnool (Dt) under Neeru Chettu Programme, Vide Agreement No. 1846/2018-19 dated 09.07.2018, forthwith, pending disposal of the Writ Petition.

Counsel for the Petitioner: SRI. BATHALA RAMESH Counsel for the Respondent Nos. 1, 3&4: GP FOR IRRI AND CAD (AP) Counsel for the Respondent No. ² &5: GP FOR FINANCE AND PLANNING

The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

THURSDAY,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO. 11007 OF 2022

Between :

B Madhu Sudana, S/o. Subbaraidu, Aged about 53 years, Occ. Contractor, R/o. H.N0.1-75A, Gadivemula, Kurnool District, Pincode. 518508.

... Petitioner

And

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

... Respondents

Counsel for the petitioner : Sri Bathala Ramesh

Counsel for respondents : G.P. for Irrigation and CAD (AP)

The Court made the following Order

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

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 C.C.No.4637 of 2022 was also closed. 3.

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 proceedingsis also valid and sustainable. 4.

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 5.

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.

//TRUE COPY//

SECTION OFFICER

Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR

To,

• 1. One CC to SRI. BATHALA RAMESH 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

csb

HIGH COURT csb

DATED:15/02/2024

WP.No.11007 of 2022

DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS