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VENKATESWARLU NIMMAGADDA
N. Aruna – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. As the issue involved in all these writ petitions is inter-related, all these writ petitions are taken up together and are disposed of through this common order. W.P.No.11215 of 2023 is taken as a leading case.
W.P.No.11215 of 2023
2. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
Retrospective recovery of amounts by public authorities must adhere to established tender conditions and principles of natural justice.
Retrospective recovery of amounts under an executive order is impermissible without following due process and the principles of natural justice.
Adopting a different view in matter in facts and circumstances of case would not be permissible in eye of law.
A party cannot claim amounts post-agreement if they accepted payments without objection and did not raise disputes during the contract's term.
The issuance of a No Demand Certificate validly discharged the contract, and subsequent demands by the Food Corporation of India were arbitrary and illegal.
A party's acceptance of contract terms and payments without objection can bar subsequent claims for additional amounts or contesting penalties imposed under the agreement.
Point of law: punishment imposed on the petitioner by way of removal from service is shockingly disproportionate to the charge of closing the SR prematurely and this requires to be interfered with by....
Parties to a contract must adhere to its terms despite unforeseen circumstances like force majeure, and disputes arising from such a contract should be resolved through contractual mechanisms, not ju....
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