Dismissed
G.Tataji v. TheGovernment of Andhra Pradesh
Andhra Pradesh HCWP/4724/2011
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COURT OF ANDHRA PRADESH::AMARAVATI (Special…
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COURT OF ANDHRA PRADESH::AMARAVATI (Special…
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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE NINETEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR
PRESENT
7^
<br>
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 4724 OF 2011
Between;
G.Tataji, S/o G.Appa Rao Contractor, R/o A-101 ,Tarakarama Enclave, NAD Kotha Road, Visakhapatnam.
...PETITIONER
AND
<s^
7. The Superintending Engineer APEWIDC, Guntur, GunturDistrict.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents herein in not including 1% towards labour cess in respect of theworksi.e.construction of Additional Infrastructure Facilities to ZPHS at Konthelam Village, Rolugunta Mandal, Visakhapantam District and construction of Additional Infrastructure Facilities to ZPHS at Denderu Village, Kothavalasa Mandal, Vizianagaram District covered by Cir. Agreement No. 35/2010-11 dated 06.10.2010 and Cir. Agreement No. 54 of 2010-11 dated 06.10.2010 respectively executed by the petitioner herein and in the payments made after 26.06.2007 by revising the estimates as per the Clause (i) of the U.O.Note No. 4763/PFS.F8 (A1) / 98-4 dated 28.02.2008 issued by the 2 nd respondent herein as highly arbitrary, illegal, unreasonable and violative of Articles 14 and 19 (a)(g) of the Constitution of India and consequently direct the respondents herein to include 1% towards labour cess for the said work entrusted to the petitioner herein and for all the payments made after 26.06.2007 as per clause (i) of U.O.Note No. 4763/PFS.F8(A1 )/98-4 dated 28.02.2008 issued by the 2"^ respondent herein and also to release the amounts which were already recovered in this regard to the petitioner herein.
I.A. NO: 1 OF 201irWPMP. NO: 5841 OF 20111
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to forthwith release the bills of the petitioner pertaining to the work ie. construction of Additional Infrastructure
Facilities to ZPHS at Konthelam village Rolugunta mandal, Visakhapatnam District and construction of Additional Infrastructure facilities to ZPHS at Denderu village, Kothavalasa Mandal, Vizianagaram District covered by Cir. Agreement NO. 35/2010-11 dt. 06-10-2010 and Cir. Agreement No.54 of 2010-11 dt. 06-10-2010 respectively executed by the petitioner herein without deducting 1% amount towards Labour cess pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI P.DURGA PRASAD
Counsel for the Respondent No.1 to 4: GP FOR FINANCE & PLANNING Counsel for the Respondent No.5 to 7: GP FOR EDUCATION
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.4724 of 2011
G. Tataji, S/o G. Appa Rao, aged 43 years, Occ: Contractor, R/o A-101, Tarakarama Enclave, NAD Kotha Road, Visakhapatnam.
... Petitioner Versus The Government of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Hyderabad and six others.
... Respondents.
Counsel for the petitioner : Sri P. Durga Prasad Counsel for respondents : GP for Finance and GP for Education
ORDER
Learned counsel for the petitioner submits that byaffluxof
time, nothing survives for adjudication and hence, the writ petition
has become infructuous.
Recording the above submission, this Writ Petition is
dismissed as infructuous. No order as to costs
As a sequel, pending miscellaneous petitions, if any,shall
To,
stand closed. Sd/- U.SRl DEV!
//TRUE COPY//
ASSISTANT REGISTRAR A/5^ SECTION OFFICER
'Si
HIGH COURT
DATED: 19/04/2024
ORDER
WP.No.4724 of 2011
DISMISSING THE W.P
AS INFRUCTUOUS
WITHOUT COSTS
G. Tataji
Government of Andhra Pradesh
Subba Reddy Satti
As recorded by the court registry
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