Andhra Pradesh High Court - Amravati
M/S. Vijay Electrical Engineering, vs The State Of Andhra Pradesh, on 26 July, 2021
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MONDAY, THE TWENTY SIXTH DAY OF JULY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE A V SESHA SAI
WRIT PETITION NO: 10421 OF 2021
Betwenn:
Mis. Vijay Electrical Engineering, Rep. by its Proprietor, R.Bhaskara Rao, Karamchedu
Village and Mandal, Prakasam District.
Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Energy
Department, Secretariat, at Velagapudi, Amaravathi, Guntur District.
2. Andhra Pradesh Central Power Distribution Corporation Ltd., Rep. by its
Chairman and Managing Director, Having its Corporate Office, Beside Govt.
Polytechnic, IT! Road, Vilayawada-520008, Krishna District.
3. The Superintending Engineer, Operation Circle, APCPDCL, Near Old Lic
Building, Ongole, Prakasam District.
4. The Executive Engineer, Operation, APCPDCL, Ghirala, Vodrevu Road, Beside
YRS and YRN College, Chirala, Prakasam District
5. The Executive Engineer, Operation, APCPDCL, Addanki, Dwaraka Nagar,
Narketpalli Road, Addanki, Prakasam District.
Respondents
Petition under Article 226 of the Constitution of India praying that in tne
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ,.Order or direction more particularly one in the nature of WRIT OF
MANDAMUS declaring the order of 3rd respondent in LR.No. SE. O. OGL, TECH. r,
DOC. E. No.261047/2021, dated- 12.05.2021, terminating L.S. Agreement vide LR_No.
SE.O.OGL. TECH.F.L.S AGT.No. 105/20-21 . E.No .232859/2020, dated- 18.09.2020
assigning operation and maintenance work in favour of the petitioner at Adusumalli,
Karamchedu, Swarna, Edupulapadu, Motupalli, Vallapalli, Uppumaguluru, Vernavaram,
Komminenivaripaiem, Velamavaripalem 33/11 K.V. Sub Stations of Chirala and Addanki
Divisions of Prakasam District for a period of two years from 01.09.2020 to 31.08.2022,
being bad, illegal, arbitrary, without jurisdiction and in violation of principles of natural
justice, beyond the scope of work agreement and being discriminatory offending Articles
14 and 19 of Constitution of India and consequentially seeking to set aside the order of
said termination, so as to continue on par with other agencies.
{A NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to suspend
the operation of the order of 3rd respondent in LR.No. SE. O. OGL. TECH. F. DOC. E.
No.261047/2021, dated- 12.05.2021, terminating L.S. Agreement vide LR.No.
SE.O.OGL. TECH.F.L.S AAGT.No. 105/20-21 . E.No .232859/2020, dated- 18.09.2020
assigning operation and maintenance work in favour of the petitioner at Adusumalli,
Karamchedu, Swama, Edupulapadu, Motupaili Vallapalli, Uppumaguluru, Vemavaram,
Komminenivaripalem, Velamavaripalem 33/11 K V Sub Stations of Chirala and Addanki
Divisions of Prakasam District, enabling the petitioner to cantinue till completion of his
tenure, pending disposal of WP No.10421 of 2021, on the file of the High Court.
The petition coming on for hearing and upon perusing the petition and affidavit
filed herein and order of the High court order dated 27.95.2021, 29.06.2021 &
13-07-2021 made herein and upon hearing the arguments of Sri_ v. Venugopala Rao,
Advocate for the Petitioner, G.P. for Energy for Respondent No.1 and Sri. Y.Nagi
Reddy Standing counsel for APCPDCL for Respondent Nos 2 to 5, the Court made the
following
ORDER:
Post next week.
Interim order granted earlier stands extended for a period of two weeks. SD/- USri Devi :
HTRUE COPY?! ASSIS' PPh ees ISTRAR FoR SEC fidnorncer To, .
4, Two CCs to GP for Energy, High Court of A-P., at Amarvati (QUT)
2. One CC to Sri Y. Nagi Reddy, SC for APCPDCL (OPUC)
3. One CC ito Siv Venugopala Rao Advocate [OPUC]
4. One spare copy Tye HIGH COURT ma AVSS,J DATED: 26.07.2021 NOTE: POST NEXT WEEK ORDER WP.No.10421 of 2021 INTERIM ORDER EXTENDED