V. Venkata Swamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE :PRESENT:
THE HON'BLE MS JUSTICE G.ROHINI W.P.M.P NO: 15390 of 2009 IN W.P.NO: 11945 of 2009 Between:
1 V. Venkateswara Rao S/o. Gangadhara Rao Shop No.21, IGMS Complex, Labbipet, Vijayawada 520 010, Krishna District. 2 M/s. Vallabhaneni Constructions Private Limited, Shop No.21, IGMS Complex, Labbipet, Vijayawada 520 010, rep. by its Managing Director, V. Venkateswara Rao.
3 M/s. RAghava & Co, Flat No.404, Saibalarama Residency, Near Jyothi Mahal, Labbipet, Vijayawada, Krishna District, rep. by its Managing Partner B. raghava Rao, S/o. Venkateswara Rao, aged about 34 Yrs.
4 M/s. Dwaraka Tirumala Constructions, D.NO.28-1-38, 7th Lane, Santhinagar, Eluru, West Godavari District, rep. by its Executive Partner V. Satish Chowdary, S/o. Chalapathi Rao, aged about 27 Yrs.
5 Sree Sai Constructions, D.NO. 59-7-18/6 A, Ramachandra Nagar, Vijayawada, Krishna District, rep. by its Managing Partner G. Gopala Krishna, S/o. Veerragavaiah, aged about 57 Yrs.
6 B. Ravichandra S/o. Dasaradaha Ramaiah 28-1-133/2, Santhinagar, III Lane, Eluru, Mandalam, W.G. District. 7 K.C.P. Projects Ltd., 1-2-339/1, Street No.6, Gagan Mahal, Domalguda, Hyderabad. rep. by its Executive Director K. Susheel Kumar, S/o. K.C Pullaiah, aged 37 years ..... Petitioner(s) (Petitioner in WP.No : 11945 of 2009 on the file of High Court) AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Finance & Planning (Works & Projects )Department Secretariat Buildings, Hyderabad.
2 The Dy. Financial Advisor and EODS to Government Secretariat, Hyderabad. 3 The Prinicpal Secretary, Municipal Administration, Government of Andhra Pradesh, Secretariat, Hyderabad. 4 The Prinicpal Secretary, Panchayat Raj Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 5 The Prinicpal Secretary, Irrigation Department,
Government of Andhra Pradesh, Secretariat, Hyderabad. 6 The Prinicpal Secretary, Roads & Buildings, Transport Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 7 The Commissioner, Municipal Corporation, Vijayawada, Krishna District. 8 Andhra Pradesh Industrial Infrastructure Corporation, Chirag ali Lane, Hyderabad rep. byits Vice Chairman & Managing Director 9 The Engineering-in-Chief, Administration & NH, Erramanzil, Hyderabad. 10 The Engineering-in-Chief, Roads, Erramanzil, Hyderabad. 11 The Chief Engineer - HUDCO & 12th Finance, Erramanzil, Hyderabad. 12 The Chief Engineer - NABARD, Erramanzil, Hyderabad. 13 The Chief Engineer - Panchayat Raj Department NABARD, Erramanzil, Hyderabad. 14 The Chief Engineer - Panchayat Raj & Administration, SRTGN Bhavan, Erramanzil, Hyderabad.
15 The Engineer-in-Chief, PR PMGSY, Erramanzil, Hyderabad. 16 The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District.
17 The Superintendent Engineer, (R&B) Circle, Vijayawada, Krishna District.
18 The Superintendent Engineer, (R&B) Circle, Eluru, Krishna District.
19 The Superintendent Engineer, (R&B) Circle, Khammam, Khammam District.
20 The Superintendent Engineer, (R&B) NH Vijayawada, Krishna District.
21 The Superintendent Engineer, (R&B) NH R.R. District, Hyderabad.
22 The Superintendent Engineer, (R&B) Rural Circle, Hyderabad.
23 The Superintendent Engineer, (R&B) Nalgonda.
24 The Superintendent Engineer, T.W. Department, Visakhapatnam, Visakhapatnam District.
25 The Superintendent Engineer, P.R.
PRED, Eluru 26 The Superintendent Engineer, P.R.
Vijayawada.
27 The Superintendent Engineer, P.R.
Khammam.
28 The Superintendent Engineer, (R&B) Division Vijayawada, Krishna District.
29 The Superintendent Engineer, (R&B) Division Eluru, West Godavari District.
30 The Executive Engineer, (R&B) Division Khammam.
31 The Executive Engineer, (R&B) Division Kothagudem.
32 The Executive Engineer, (R&B) Division Bhadrachalam 33 The Executive Engineer, (R&B) Division Mylavaram, Krishna District.
34 The Executive Engineer, (R&B) Division Machilipatnam, Krishna District.
35 The Executive Engineer, (R&B) Bhuvanagiri 36 The Executive Engineer, (R&B)
Miryalaguda 37 The Executive Engineer, (R&B) City Roads, Hyderabad.
38 The Executive Engineer, Panchayat Raj, Kavali.
39 The Executive Engineer, Panchayat Raj, Machilipatnam.
40 The Executive Engineer, Panchayat Raj, Nalgonda.
41 The Executive Engineer, Panchayat Raj, Nuzvid.
42 The Executive Engineer, Panchayat Raj, Khammam.
43 The Executive Engineer, Panchayat Raj, Jangareddygudem, W.G. District.
44 The Executive Engineer, T.W. Department, K.R. Puram, W.G. District.
45 The Executive Engineer, T.W. Department, Visakhapatnam.
46 The Executive Engineer, T.W. Department, K.R. Puram, W.G. District.
47 The Executive Engineer, (R&B) N.H. Division Vijayawada.
48 The Executive Engineer, (R&B) N.H. Division Hyderabad.
49 The Executive Engineer, (R&B) Division Kovvur, West Godavari District.
50 The Executive Engineer, (R&B) Division Bhimavaram 51 The Executive Engineer, Drainage Division Gudivada, Krishna District.
52 The Executive Engineer, Panchayat Raj, Vijayawada, Krishna District.
53 The Jonal Manger, A.P.I.I.C. Autonagar, Vijayawada, 54 The Executive Engineer, Vijayawada Municipal Corporation, Vijayawada, 55 The Pay and Accounts Officer, (YRS) Kakinada, East Godavari District.
56 The Pay and Accounts Officer, (Drainage Scheme), Eluru, West Godavari District.
57 The Pay and Accounts Officer, (W &P) Vijayawada, Krishna District.
58 The Pay and Accounts Officer, Nalgonda.
59 The Pay and Accounts Officer, NSP, Tekulapalli, Khammam. 60 The Pay and Accounts Officer, G.V. Gudem, Nalgonda. 61 The Pay and Accounts Officer, R.R. District, Hyderabad. 62 The Assistant Pay and Accounts Officer, Somasila, Nellore District. 63 The Regional Pay and Accounts Officer, NH, Bangalore. 64 The Assistant Pay and Accounts Officer, NS Projects, Hill Colony, Nalgonda District. 65 A.P. Cooperative Oil Seeds Grower's Federation Ltd., Parisaram Bhavan, Basheerbagh, Hyderabad, rep. by its Vice Chairman & Managing Director, .....Respondent(s)
(Respondents in -do-) Counsel for the Petitioners:Sri .P.GIRISH KUMAR Counsel for the Respondents 1 & 2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3:GP for GAD Counsel for the Respondent Nos.4 to 8:GP for Panchayat Raj Counsel for the Respondent Nos.9 to 65:GP for Irrigation Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in WP., the High Court may be pleased to direct the respondents to include 1% towards amount towards Labour Cess in terms of Memo No.4763/PFS.F8(A1)/98-4, dt. 28.08.2008 by revising the estimates for all the payments made from 26.06.2007 onwards relating to the works undertaken by the petitioners in the interest of justice, pending WP.NO.11945 of 2009 on the file of the High Court.
The Court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER:
Notice.
There shall be interim direction to the respondents to consider inclusion of 1% labour cess in all the estimates of the works allotted to the petitioners, duly revising the estimates, in terms of U.O.Note No.4763/PFS.F8(A1)98-4 dated 282-2008 and pass appropriate orders as per law, within a period of two weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR 66.
One spare copy 67.
One CC to Sri P.Girish Kumar,advocate (OPUC) 68.
Two CCs to the GP forFINANCE & PLANNING ,High court of AP.,HYD (OUT) 69.
Two CCs to the GP for GP for GAD, High court of AP.,HYD (OUT) 70.
Two CCs to the GP for :GP for Panchayat Raj, High court of AP.,HYD (OUT) 71.
Two CCs to the GP for Irrigation, High court of AP.,HYD (OUT) KHB High COURT
RG,J DATED:19-06-2009 ORDER:
WPMP.NO.15390/2009 IN WP.NO.11945/2009
NOTICE DIRECTION KHB DRAFTED ON:20-6-2009 High COURT RG,J DATED:19-06-2009
ORDER:
WPMP.NO.15390/2009 IN WP.NO.11945/2009 NOTICE DIRECTION