The Principal Secretary To Government vs. Prudhvi Constructions Pvt Ltd

Court:High Court of Andhra Pradesh
Judge:Hon'ble Dhiraj Singh Thakur
Case Status:Disposed
Order Date:31 Dec 2021
CNR:APHC010426272021

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble C.Praveen Kumar , K Manmadha Rao

Listed On:

31 Dec 2021

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Order Text

$[3314]$

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. FRIDAY THE THIRTY FIRST DAY OF DECEMBER. TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE DR. JUSTICE K MANMADHA RAO IA No. 1 OF 2021 -

IN

WA NO: 928 OF 2021

Between:

    1. The State of A.P., rep by its Principal Secretary, Panchayat Raj and Rural Rural Development Department, Velagapudi, Amaravati, Guntur District, Andhra Pradesh.
    1. The Chief Engineer Panchayat Raj Department, ZP Compound opp PWD Grounds Vijayawada 2
    1. The Superintending Engineer, Panchayat Raj Circle Z P Compound Guntur
    1. The Deputy Superintending Engineer, Panchayat Raj Circle Z P Compound Guntur
    1. The Executive Engineer, PIU Division Z P Compound Guntur
    1. The Deputy Executive Engineer, PR PIU Sub Division Sattenapalli Guntur District ...Petitioners

(Petitioners in WA 928 OF 2021

on the file of High Court)-

AND

    1. M/s Prudhvi Constructions Pvt Ltd, Rep by its Managing Director D No 11545/3 Raghuram Nagar, Sattenapalli Guntur Dist
    1. The State of A.P., rep by Principal Secretary to Government, Finance and Planning Department AP Secretariat Building Velagapudi Amaravathi Government of Andhra Pradesh

...Respondents

(Respondents in-do-)

Counsel for the Petitioners : GP for Panchayat Raj and Rural Development Counsel for the Respondent Nos: Sri INAKOLLU VENKATESWARLU Counsel for the Respondent No.2: GP for Finance and Planning

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 may be pleased to suspend the orders passed in W.P No.20524 of 2021 & Batch Dt.05-10-2021, Pending disposal of WA No. 928 of 2021, on the file of the High Court. —

The court, while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

Heard the learned Government Pleader appearing for the petitioners and learned counsel for the respondent No.1.

The appeal is directed against the order of learned Single Judge on 05.10.2021 in W.P.No.20524 of 2021 and batch. As the case on hand is covered by an order of this Court in W.A.No.724 of 2021, dated 18.11.2021, the directions of the learned Single Judge with regard to payment of interest to the respondent No.1 and also setting aside the provision in Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.1388361/RD.II/A1/2020, dated 12.05.2021 relating to deduction of 21.02% for DCC works and 6.333% for MCC works while making payments shall remain stayed. But, however, the payment of principal amount of the bills raised by the original writ petitioner $\sim$ in terms of the judgment of the Division Bench of this Court in Krishna District Grama Panchayathi Sarpanchla Sangam v. The State of Andhra Pradesh and others) delivered on 02.11.2021 in W.P. (PIL) No.166 of 2019 shall be made within a period of four (4) weeks, if not already made.

The other conditions in the order impugned in the present Writ Appeal shall remain unaltered and shall be complied with.

List the Writ Appeal along with W.A.No.724 of 2021.

IITRUE COPYII

M.RAMESH BABU DEPUTY REGISTRAR

SECTION

OFFICER

For AS

$1/2$

To,

    1. The Managing Director, M/s Prudhvi Constructions Pvt Ltd, D No 11545/3 Raghuram Nagar, Sattenapalli Guntur Dist
    1. The Principal Secretary to Government, Finance and Planning Department AP Secretariat Building Velagapudi Amaravathi Government of Andhra Pradesh (Addressee Nos 1 & 2 by RPAD)
    1. One CC to SRI. GP FOR PANCHAYAT RAJ RURAL DEV (AP) Advocate [OPUC]
    1. One CC to SRI. INAKOLLU VENKATESWARLU Advocate [OPUC]
    1. Two CCs to GP for Finance and Planning, High Court of A.P., at Amaravatr (OUT)
    1. One spare copy

Skm

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$\mathcal{L}_{\text{max}}$

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$\frac{1}{\sqrt{2}}$

HIGH COURT

$CPK, J &$ DR.KMR,J

DATED:31/12/2021

Note: List the Writ Appeal along with W.A.No.724 of 2021.

ORDER

IA. No. 1 of 2021 $IN$ WA.No.928 of 2021

DIRECTION