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2025 DAILYLAW 45205 (AP)

NADIMPALLI CHAITANYA v. THE STATE OF AP

WP/14439/2024 · 2025-04-16

Sumathi Jagadam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010287682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMH THURSDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 14439 OF 2024 Between: Nadimpalli Chaitanya, S/o Soma Raju, aged about 38 Years, Occ Contractor, R/o D-No.2-233/1, Main Road, Muramalla (V), I.Polavaram (M), East Godavari District. ...Petitioner AND 1. The State of AP, Rep. by its Principal Secretary, Irrigation, CAD and Rural Water Supply Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Engineer-In-Chief, Minor and Major Irrigation Projects Department Irrigation Bhavan, Government of A.P., NTR District. 3. The District Collector, Eluru District, Eluru. (Earlier West godavari District). 4. The Chief Engineer, Minor Irrigation Department, Godavari Delta System, Doweleswaram, East godavari Dist. 5. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District (Earlier West godavari District). 6. The Executive Engineer, , Irrigation Division, Eluru, Eluru District (Earlier West godavari District). 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. ...Respondents m Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 1,02,79,000/- with interest to the petitioner for execution of various works even though total works were executed and completed by the petitioner as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 1,02,79,000/- with interest to the petitioner. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release and pay the bill amounts worth of Rs. 1,02,79,000/- with interest to the petitioner forthwith,, pending disposal of the above writ petition . Counsel for the Petitioner; M/S SAMEERABOKKA Counsel for the Respondent Nos. 1 to 6: GP FOR IRRIGATION AND CAD Counsel for the Respondent No. 7: GP FOR FINANCE PLANNING The Court made the following order: APHC010287682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HfflH [3459] HSlrS THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 14439/2024 Between: Nadimpaili Chaitanya ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: I.SAMEERA BOKKA Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV 2.GP FOR FINANCE PLANNING 2 The Court made the following order: This Writ Petition is filed seeking the following relief: “....pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein not releasing and pay the bill amounts worth of Rs.1,02,79,000/- with interest to the petitioner for execution of various works even though total works were executed and completed by the petitioner as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequentially to direct the respondents to release and pay the bill amounts worth of Rs.1,02,79,000/- with interest to the petitioner forthwith and to pass...” It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 2. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, fairly submitted that the administrative approval was not accorded till date, and after obtaining necessary approvals from the competent authority, necessary action would be taken in due course and the payment would be made to the petitioner. 3. 4. In view of the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs. 1,02,79,000/- (Rupees One Crore Two Lakhs Seventy Nine Thousand Only) to the petitioner, along with the interest as per the entitlement vide the judgment of a Division Bench of this Court 2021 and batch dated 12.10.2023 months from the date of receipt of a the petitioner is entitled to be paid as per the entitlement. in Writ Appeal No.724 of within a period of two (02) copy of this order. However, if any higher amount, the same shall also 5. It IS open to the petitioner to agitate the claim of interest, if appropriate forum. for higher rate any, payable by the respondents, before an As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- P. VINOD KUJV'iAR assista.n^ registrar ^ sec-hSkTofficer //TRUE COPY// To, 1. The Principal Secretary, Irrigation, CAD and Rural Water Supply Department, State of AP, Secretariat Buildings, Velagapudi, Amaravati. 2. The Engineer In Chief, Minor and Major Irrigation Projects Department, Irrigation Bhavan, Government of A.P., NTR District. 3. The District Collector, Eluru District, Eluru. (Earlier West godavari District). 4. The Chief Engineer, Minor Irrigation Department, Godavari Delta System, Doweleswaram, East godavari Dist. 5. The Superintending Engineer, Irrigation Circle, Eluru, Eluru District (Earlier West godavari District). 6. The Executive Engineer, Irrigation Division, Eluru, Eluru District (Earlier West godavari District). 7. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 4 8. One CC to M/s Sameera Bokka Advocate [OPUC] 9. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] Three CD Copies 11. gsc w HIGH COURT DATED:17/04/2025 ORDER WP 14439/2024 CJ\ 11 JUl 2025 m ar O Current Section ^ oesp«c»»«? DISPOSING THE WP WITHOUT COSTS