J. Srinivasulu Reddy v. The State Of A.P.

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD I.A.No.1 of 2018 In/and A.S.No.484 of 2006 & I.A.No.1 of 2018 In/and A.S.No.71 of 2007 Date:19.09.2018 A.S.No.484 of 2006 Between:

State of A.P., reptd by the District Collector, Kurnool and another.

.....Appellants And:

J.Srinivasulu Reddy, S/o Ranga Reddy .....Respondent Counsel for the appellant: Mr. K.A.Narasimham Special Government Pleader Counsel for the respondent: Mr. K.R.Sasidharan Nair A.S.No.71 of 2007 Between:

J.Srinivasulu Reddy, S/o Ranga Reddy .....Appellant And:

State of A.P., reptd by the District Collector, Kurnool and another.

.....Respondents Counsel for the appellant: Mr. K.R.Sasidharan Nair Counsel for the respondents: Mr. K.A.Narasimham Special Government Pleader The Court made the following:

COMMON JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) A.S.No.484 of 2006 is filed by the State of Andhra Pradesh represented by the District Collector, Kurnool, and the Superintending Engineer, SRBC, Circle-II, Nandyal, against judgment and decree, dated 28.02.2006, in O.S.No.1 of 2002 on the file of the Principal District Judge, Kurnool. A.S.No.71 of 2007 is filed by the respondent in A.S.No.484 of 2006 not satisfied with the quantum of amount for which the decree was passed by the lower Court in the afore-mentioned suit.

For convenience, the parties hereinafter shall be referred to as they are arrayed in A.S.No.484 of 2006. I.A.No.1 of 2018 is filed by the respondent in each of the appeals for closing both the afore-mentioned appeals by recording the full and final settlement between the parties, vide G.O.Rt.No.96, Water Resources (ARB) Department, dated 07.02.2018.

At the hearing, Mr. K.R.Sasidharan Nair, learned counsel for the respondent, submitted that the State Government has issued G.O.Rt.No.96, dated 07.02.2018, whereby it has sanctioned an amount of Rs.4,78,77,638/- in favour of his client-Contractor in full and final settlement of his claim

towards the work of "Construction of Gorakallu bypass Canal structure complex with single pressure pipe of 5 M from K.M. 50.753 to K.M.54.049 of SRBC" and that the appeals need not be adjudicated on merits.

Mr. K.A.Narasimham, learned Special Government Pleader for the State of Andhra Pradesh, agreed with the submissions of the learned counsel for the appellant in view of the settlement reached between the parties resulting in issuance of G.O.Rt.No.96, dated 07.02.2018, the appeals ma be disposed of. In view of the above, I.A.No.1 of 2018 is allowed by placing on record the settlement of the dispute between the parties, vide G.O.Rt.No.96, dated 07.02.2018. Accordingly, both the Appeal Suits are disposed of in terms of the said settlement.

As a sequel to disposal of the appeals, order, dated 05.01.2007, in ASMP.No.21 of 2007 in A.S.No.484 of 2006 is vacated and ASMP.No.21 of 2007 is dismissed as infructuous. ___________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHYAM PRASAD 19th September, 2018 DR