The Govt Of Andhra Pradesh vs. K V Padmanabham
Court:High Court of Andhra Pradesh
Judge:Hon'ble Dhiraj Singh Thakur
Case Status:Disposed
Order Date:29 Dec 2021
CNR:APHC010426452021
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Prashant Kumar Mishra , M.Satyanarayana Murthy
Listed On:
29 Dec 2021
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Order Text
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: W.A.No.902 of 2021
PROCEEDINGS SHEET
| Sl.<br>No. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 1. | 29.12.2021 | (Through physical mode) | |
| Learned Government Pleader for Panchayat Raj & Rural | |||
| Development for the appellants. | |||
| It is brought to the notice of this Court that in similar | |||
| matters, i.e., in W.A.Nos.740 and 741 of 2021, this Court, | |||
| following the earlier interim order dated 18.11.2021 passed by a | |||
| Coordinate Bench in W.A.No.724 of 2021,<br>has passed<br>interim | |||
| order dated 24.11.2021, the operative portion of which reads as | |||
| under: | |||
| "In one of the Writ Appeals i.e., W.A. No.724 of | |||
| 2021, the Coordinate Bench has passed interim order | |||
| staying the operation of the order of the single Judge, | |||
| in so far as it concerns payment of interest to the writ | |||
| petitioners<br>also<br>regarding<br>setting<br>aside<br>the<br>as | |||
| provision in Memo No. 1263069/RD.II/A1/2020, dated | |||
| and<br>the<br>No.1388361/RD.II/A1/<br>05.11.2020<br>Memo | |||
| dated<br>relating<br>deduction<br>of<br>2020,<br>12.05.2021<br>to | |||
| 21.02% for DCC works and 6.333% for MCC works, at | |||
| the same time, recording submissions made by the | |||
| learned Advocate General that the direction of the | |||
| learned single Judge as far as payment of the principal | |||
| amount of the bills raised by the writ petitioners, in | |||
| terms of the orders of the Division Bench dated | |||
| 02.11.2021 in W.P. (PIL) No.166 of 2019 in Krishna | |||
| District Grama Panchayathi Sarpanchla Sangam | |||
| v. The State of Andhra Pradesh and others, | |||
| Krishna District, shall be complied with within four | |||
| weeks, if not already done. | |||
| Considering the facts and circumstances of the | |||
| case and having regard to the interim order passed by | |||
| the Coordinate Bench, we direct that the said interim | |||
| order shall apply for the present writ appeals also, |
W.A.No.902 of 2021
| 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 the writ petitioner as also | |||
| setting aside the provision in Memo No.1263069/RD.II/A1/2020 | |||
| dated 05.11.2020 and 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 payment, shall remain | |||
| stayed. However, the appellants shall pay the principal amount of | |||
| the bills<br>raised by<br>the writ petitioner within a period of four | |||
| weeks, failing which this<br>interim order shall stand vacated | |||
| without reference to the Bench. | |||
| Post this case along with W.A.No.724 of 2021 & batch. | |||
| PRASHANT KUMAR MISHRA, CJ<br>M. SATYANARAYANA MURTHY, J | |||
| IBL | |||
| Sl. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| No. | |||
| Sl.<br>No. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
W.A.No.902 of 2021
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