The Stae Of Andhrapradesh vs. G. Hemanth Reddy
Court:High Court of Andhra Pradesh
Judge:Hon'ble Dhiraj Singh Thakur
Case Status:Disposed
Order Date:20 Dec 2021
CNR:APHC010423842021
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Prashant Kumar Mishra , M.Satyanarayana Murthy
Listed On:
20 Dec 2021
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Order Text
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: W.A.No.838 of 2021
PROCEEDINGS SHEET
| Sl.<br>No. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 1. | 20.12.2021 | (Through physical mode) | |
| Heard the learned Government Pleader for Panchayat Raj<br>& Rural Development appearing for the appellants.<br>It is brought to the notice of this Court that in similar<br>matters, i.e., in W.A.Nos.740 and 741 of 2021, this Court,<br>following the earlier interim order dated 18.11.2021 passed by a<br>Coordinate Bench in W.A.No.724 of 2021, has passed interim<br>order dated 24.11.2021, the operative portion of which reads as<br>under:<br>"In one of the Writ Appeals i.e., W.A. No.724 of<br>2021, the Coordinate Bench has passed interim order<br>staying the operation of the order of the single Judge,<br>in so far as it concerns payment of interest to the writ<br>also<br>regarding<br>aside<br>the<br>petitioners<br>setting<br>as<br>provision in Memo No. 1263069/RD.II/A1/2020, dated<br>and<br>the<br>No.1388361/RD.II/A1/<br>05.11.2020<br>Memo<br>dated<br>relating<br>deduction<br>of<br>2020,<br>12.05.2021<br>to<br>21.02% for DCC works and 6.333% for MCC works, at<br>the same time, recording submissions made by the<br>learned Advocate General that the direction of the<br>learned single Judge as far as payment of the principal<br>amount of the bills raised by the writ petitioners, in<br>terms of the orders of the Division Bench dated<br>02.11.2021 in W.P. (PIL) No.166 of 2019 in Krishna<br>District Grama Panchayathi Sarpanchla Sangam<br>v. The State of Andhra Pradesh and others,<br>Krishna District, shall be complied with within four<br>weeks, if not already done. | |||
| Considering the facts and circumstances of the<br>case and having regard to the interim order passed by<br>the Coordinate Bench, we direct that the said interim<br>order shall apply for the present writ appeals also, |
| Sl.<br>No. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| however, with a condition that the appellants shall pay | |||
| the principal amount of the bill raised by the original | |||
| writ petitioners, within a period of four weeks, failing | |||
| which the present interim order shall stand vacated | |||
| without reference to the bench." | |||
| The issue involved being one and the same, there shall be | |||
| an interim order in the present appeal also in terms of the interim | |||
| orders passed in the connected appeals as noted above. | |||
| Accordingly, the direction of the learned single Judge | |||
| regarding payment of interest to respondent No.1/writ petitioner | |||
| as<br>also<br>setting<br>aside<br>the<br>provision<br>in<br>Memo | |||
| No.1263069/RD.II/A1/2020<br>dated<br>05.11.2020<br>and<br>Memo | |||
| No.1388361/RD.II/A1/2020<br>dated<br>12.05.2021<br>relating<br>to | |||
| deduction of 21.02% for DCC works and 6.333% for MCC works, | |||
| while making payment, shall remain stayed. However, the | |||
| appellants shall pay the principal amount of the bills raised by | |||
| respondent No.1/writ petitioner within a period of four weeks, | |||
| failing which this interim order shall stand vacated without | |||
| reference to the Bench. | |||
| Post this case along with W.A.No.724 of 2021. | |||
| PRASHANT KUMAR MISHRA, CJ<br>M. SATYANARAYANA MURTHY, J | |||
| Nn | |||
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