Andhra Pradesh High Court - Amravati
Boyapati Madhavi vs Dasari Sri Rekha on 21 July, 2022
Bench: Prashant Kumar Mishra, D.V.S.S.Somayajulu
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
I.A.Nos. 1 and 2 of 2022 IN/AND WRIT APPEAL No.598 of 2022
(Through physical mode)
Boyapati Madhavi, Sarpanch, MN Palem village,
Nuzvid Mandal, W/o. Pratap Chowdary,
Aged 33 years, Occ: Sarpanch, Mokasa Narasannapalem
Village, Nuzvid Mandal, Eluru (Krishna) District. .. Applicant/Appellant.
Versus
Dasari Sri Rekha W/o. Gosla Moshe,
Occ: Household, aged about 31 years,
R/o. Mokhasa Narasannapalem village,
Nuzvid Mandal, Krishna District and others. ..Respondents.
Counsel for the Appellant : Mr. Sreenivasa Rao Velivela
Counsel for the respondent No.1 : Mr. Ch.B.R.P. Sekhar
Counsel for the respondent Nos.2,4,5, 8 to 10,11 &13 : G.P. for Panchayat Raj
Counsel for the respondent No.3 : G.P. for Finance
Counsel for the respondent Nos.6&7 : Assistant Solicitor General of India
Counsel for the respondent No.12 : Mr. I. Koti Reddy, Standing Counsel
ORAL JUDGMENT
Dt: 21.07.2022
(per Prashant Kumar Mishra, CJ)
The applicant/appellant, who is a third party to the writ proceedings, filed
I.A.No.2 of 2022 seeking leave to prefer appeal against the order dated
05.10.2021 in W.P.No.21272 of 2021 passed by the learned single Judge. As the
certified copy of the said order has not been filed, the applicant/appellant has
also filed I.A.No.1 of 2022 to dispense with the filing of the certified copy of the
order.
2. The aforesaid writ petition has been allowed along with batch of similar
cases, by common order dated 05.10.2021, with the following directions:
"I) The Memo No. 1263069/RD.II/A1/2020, dated 05.11.2020
and the Memo No.1388361/RD.II/A1/ 2020, dated 12.05.2021
issued by the respondent No.1 are set aside to the extent of
deduction of 21.02% for DCC works and 6.333% for MCC works
while making payments to the petitioners.
II) The respondents are directed to clear the bills submitted by
the petitioners and to release payments forthwith, in case no
payment is made till date.
III) In case, any part payment is made as on date, the remaining
amount shall be paid to the petitioners forthwith.
IV) The respondents shall pay interest @ 12% per annum within
a period of four (4) weeks from the date of receipt of a copy of
this order.
V) The interest shall be computed from the date of expiry of one
month from the date of submission of the bill by the petitioners
to till the date of final payment."
3. Learned counsel for the applicant/appellant submits that after passing of
the impugned order by the learned single Judge, disciplinary proceedings have
been drawn against the applicant/appellant for non-payment of amounts to the
writ petitioner.
4. If the applicant/appellant was not a party to the writ proceedings and
some disciplinary proceedings are drawn against her after the order was passed
by the learned single Judge, it would be appropriate for the applicant/appellant
to prefer a review petition by seeking leave before the learned single Judge.
5. Accordingly, I.A. Nos.1 and 2 of 2022 as well as the Writ Appeal are
dismissed reserving liberty in favour of the applicant/appellant to prefer a review
petition along with leave petition before the learned single Judge. It shall remain
open for the opposite party to challenge the applicant/appellant's locus to file
such petitions.
6. Consequently, I.A.No.3 of 2022, which is a delay condone petition, and
other pending miscellaneous applications, if any, shall stand closed. No costs.
PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J
GM
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
I.A.Nos. 1 and 2 of 2022 IN/AND WRIT APPEAL No.598 of 2022
(per Prashant Kumar Mishra, CJ)
Dt: 21.07.2022
GM
