Dacheti Chakradhara Rao vs. The State Of Andhra Pradesh

WP/8678/2022HC Andhra PradeshGSTCNR APHC01015771202211 February 2024Bench: VENKATESWARLU NIMMAGADDA3 pages
AI SummaryRemanded

Held

The Court acknowledged the submission from the Government Pleader that the principal amount claimed by the petitioner had been paid. The Court also found merit in the Government Pleader's contention that the petitioner's claim for interest on delayed payment could be agitated through separate legal proceedings. Therefore, the Court dismissed the writ petition as infructuous. The petitioner was granted liberty to initiate fresh/separate legal proceedings to claim any differential amount, withheld amount, or interest amount, if any, in accordance with the law. No costs were awarded.

Facts

The petitioner, Dacheti Chakradhara Rao, filed a writ petition before the High Court of Andhra Pradesh. The petition was against the State of Andhra Pradesh and various irrigation and finance department officials. The petitioner claimed an amount due to him, and the respondents, through their counsel, submitted that the total due amount claimed by the petitioner had been paid. However, the petitioner's counsel contended that while the principal amount was paid, the interest claimed for delayed payment had not been. The Court noted that the respondents had paid the principal amount as claimed by the petitioner.

Key Issues

1. Whether the respondents have paid the full amount claimed by the petitioner, including interest for delayed payment, under the relevant provisions of law? The petitioner argued that the respondents had paid the principal amount but failed to pay the interest claimed for the delayed payment. The petitioner relied on the principle that delayed payments should attract interest. The respondents, through the Government Pleader, submitted that the total due amount claimed by the petitioner had been paid. However, they also contended that any further claim for interest for delayed payment could be pursued through separate legal proceedings. The Court considered the submissions of both parties regarding the payment of the principal amount and the claim for interest.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8678 OF 2022 Between:

1.

Dacheti Chakradhara Rao,, S/o. Suryanarayana Rao Aged 52 years, Occ - Vice President, WUA No.49, Ilarapu, R/o. H. No.3-44, Lakshminarasimha Puram (V), Nadivada (M), Krishna Dist. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist.,

2.

The Principle Secrtary, Finance and Planning Department, The Government of Andhra PRadesh 2nd block, 1st floor, Room No.287, Secretariat Buildings, Velagapudi, Guntur Dist.,

3.

The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist.,

4.

The District Collector, Krishna District at Machalipatnam.

5.

The Superintendent Engineer, Irrigation Department, Vijayawada.

6.

The Executive Engineer, Krishna Eastern Division, Vijayawada.

7.

The Exectuive Engineer, Drainage Division, Gudivada, Krishna District. ...RESPONDENTS

The Court made the following

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.