Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh vs Puvvada Venkata Siva Prasad on 23 February, 2022
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HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: W.A.No.244 of 2022
PROCEEDINGS SHEET
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(Through Physical mode)
1. 23.02.2022 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,
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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 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 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 M. SATYANARAYANA MURTHY, J GM Sl. DATE ORDER OFFICE NOTE No. Sl. DATE ORDER OFFICE NOTE No.