Andhra Pradesh High Court - Amravati
B Ramanjaneyulu vs The State Of Ap on 1 August, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
APHC010325542024
IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-3
[3446]
AT AMARAVATI
WRIT APPEAL NO: 656 of 2024
B. Ramanjaneyulu ...Appellant
Vs.
The State of A.P. and others ...Respondents
**********
Sri N. Subba Rao, learned Senior Counsel appearing for Sri M. Devi Prasad,
Advocate for the appellant.
Smt S. Pranathi, learned Special Government Pleader for the State, and the
learned Government Pleader for Panchayat Raj and Rural Development,
Advocate for the respondents.
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE R RAGHUNANDAN RAO
DATE : 1st August 2024
PC:
The present Writ Appeal has been preferred against an interim order
dated 05.07.2024 in Writ Petition No.13920 of 2024.
2. The case of the petitioner is that he had executed certain works with the
official respondents i.e., manufacture and supply of pipes after stacking etc., in
regard to laying of pipelines. The payments in regard to the works were to be
governed by G.O.Ms.No.94 issued by the Panchayat Raj and Rural
Development (RWS-I) Department, dated 10.09.2018.
3. According to the appellant, the petitioner, in terms of the said G.O., was
entitled to receive 60% of the amount of the contract value upon supply and
stacking of the pipelines at the site. While the case of the petitioner before the
writ Court was that the needful had been done and the petitioner had
submitted his bills claiming the aforementioned 60% amount, the G.O. was not
followed in view of the impugned Memo issued by respondent No.3, dated
17.05.2024, which had the effect of reducing the claim of the petitioner
drastically. It is stated that as against Rs.3,98,184/-, which was payable in
terms of the G.O. supra, the Memo would make him entitled only to an amount
of Rs.1,58,940/- after deduction of 60% towards excavation, laying, jointing of
the pipes etc. It is in that background that the appellant states that he had
approached the learned single Judge by way of the writ petition, which was
taken up for orders on 05.07.2024. It is stated that even when the petitioner
had established a prima facie case for setting aside the operation of the Memo
impugned, no interim orders were granted and on the other hand, while
issuing directions to the respondents to file a counter at the request of the
learned counsel for the respondents, liberty was granted to the respondents to
process the case for payment of the petitioner in accordance with law.
4. On a perusal of the impugned order, it can be seen that none of the
rights of the parties have been dealt with or adjudicated upon. The issue as to
whether the Memo could override the provisions of the G.O. has also not been
gone into by the learned single Judge.
5. To us, it appears that the entire matter was only deferred for
consideration pending filing of the counter affidavit by the official respondents.
We are told that the matter is listed on 02.08.2024 for consideration. We may
like to highlight the fact that the issue as to whether the provisions of Memo
could override the mandate of G.O. issued by the Government has been very
succinctly dealt with by one of us (Justice R. Raghunandan Rao) in
W.P.No.13865 of 2020 & batch [Kaluvoy Fishermen Cooperative Society
and others vs. The State of A.P. and others]. It would be open to the
appellant to also bring to the notice of the learned single Judge the ratio of the
aforementioned judgment. However, in our opinion, the order impugned
cannot be construed as a 'judgment' in view of the principles laid down in
Shyam Sel & Power Ltd. vs. Shyam Steel Industries Ltd 1. It would be
open to the appellant herein to pursue the matter before the learned single
Judge in the writ proceedings. In our opinion, the present writ appeal is not
maintainable and the same is, accordingly, dismissed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ
R. RAGHUNANDAN RAO, J
AMD
[(2023)1 SCC 634]
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL NO: 656 of 2024
Dt:01.08.2024
AMD
