$^\backsim$ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAAVATI WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI PRASHANT KUMAR MISHRA AND

THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT APPEAL NO: 902 OF 2021

$\rightarrow$ (Appeal under clause 15 of the Letters Patent against the Order made in W.P.No.22222 of 2021, dated 05.10.2021 on the file of the High Court.)

Between:

• 1. The Govt of Andhra Pradesh, rep by its Principal Secretary Panchayat and Rural Development Department Secretariat building Amaravati
• 2. The Commissioner of Panchayat Raj and Rural Development Government of
• The Schmissioner of Parchayat Raj and Rdial Bevelopment Sovernment of<br>Andhra Pradesh, Amaravati The Engineer in Chief Panchayat Raj Department Government of Andra<br>Pradesh, Vijayawada Krishna Distr
• 5. The Superintending Engineer, Panchayat Raj Circle Office Eluru West Godavari District
• 6. The Executive Engineer, Panchayat Raj Division Eluru Godavari District7. The State of Andhra Pradesh, rep by its Chief Secretary General Administration Department Secretariat buildings Amaravati

Appellants

$\rightarrow$ AND

• 1. K.V. Padmanabham, S/o Veeranna Aged about 61 years Occ Contractor R/o. D No 271732 A S R Nagar Bhimavaram West Godavari District.
• 2. The Government of Andra Pradesh, rep by its Principal Secretary Finance Department Secretariat buildings Amaravati
• 3. The Union of India, rep by its Secretary Central Secretariat Secretariat buildings New Delhi India

Respondents

I.A. No.1 OF 2021

The petition under Section 151 of CPC praying that in the circumstances stated<br>in the memorandum of grounds filed in WA, the High Court may be pleased to suspend<br>the orders passed in WP No.22222 of 2021 & Batch Dt.05.10.20

The Appeal coming on for hearing, upon perusing the Appeal and the memorandum of grounds filed in support thereof and upon hearing the arguments of GP for Panchayat Raj & Rural Development for the Appellants, Sri Bokka Satyanarayana Advocate for the Respondent No.1, GP for Finance & Planning for Respondent No.2 and of Sri N. Harinath, Asst. Solicitor General for Respondent No.3, the Court made the following.

ORDER:

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, has passed 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 as also regarding 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, 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, 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 raised by the 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 & batch.

$\mathbf{To}$

//TRUE COPY//

SD/- CHITTI JOSEPH ASSISTANT REGISTRAR SECTION OFFICER For $\overline{ }$

• 1. K.V. Padmanabham, S/o Veeranna, Occ Contractor R/o. D No 271732 A S R Nagar, Bhimavaram West Godavari District.
• 2. The Principal Secretary Finance Department, State of Andhra Pradesh, Secretariat buildings Amaravati

$\psi_{\rm s}$

$\frac{\partial}{\partial x}$

• The Secretary Central Secretariat Secretariat buildings New Delhi India One CC to GP for Panchayat Raj Rural Development, High Court of A.P at<br>Amaravati [OUT] One CC to Bokka Satyanar
• 8. One spare copy

TVR

HIGH COURT

HCJ& MSMJ

DATED:29/12/2021

$\sim \sqrt{\rho}$

ORDER

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WA.No.902 of 2021

$\mathcal{A} \subset \mathcal{A}$ $\mathcal{O}(\sqrt{2})$ $\frac{1}{\sqrt{2}}$

Post this case along with W.A.No.724 of 2021 & batch.

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