IN THE HIGH COURT OF ANDHRA PRADESH :: MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 133 OF 2024 Writ Appeal under Clause 15 of the Letters Patent preferred against order dated Sept 4, 2023 and Dec 22, 2023 in WP No 24215 of 2011 on the file of the High Court. AMARAVATI **'51 Between: 1. The Executive Engineer, Acharya N.G.Ranga Agricultural University Engineering Division, Tirupati, Tirupati District Andhra Pradesh 2. The Estate Officer, Acharya N.G.Ranga Agricultural University, Guntur Guntur District, Andhra Pradesh f 3. The R^istrar, Acharya N.G.Ranga Agricultural University Guntur Guntur District, Andhra Pradesh ...Appellants AND 1. M/s. Krishi Constructions Pvt. Ltd., Having its registered office at E-73 Hyderabad - 38 Rep. by its Managing Director Mr. K. Koteswara Rao, S/o. K. Gopal Rao Aged 57 years, Occ Stete Floor, Madhuranagar, Hyderabad - 38, Telangana 2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government Agriculture and Cooperation Department A.P.Secretaria t Velagapudi, Amaravati Guntur District. ...Respondents lA NO: 1 OF 2024 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 suspend the operation and effect of the order of Single Judge in W P.No. 24215 of 2011 dated September 4, 2023 and the Learned December 22, 2023 as there are no merits in the said order pending disposal of the above writ Appeal. Counsel for the Appellants: M/s S.PRANATHI (Spl. G.P.) FOR SRI T VISHNU TEJA Counsel for the Respondent No.1: Mr. K. CHIDAMBARAM FOR M/s THOTA SUNEETHA Counsel for the Respondent No.2: GP for AGRICULTURE The Court made the following order: ,4 APHC010064122024 Bench Sr.No:-35 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMIARAVAT! WRIT APPEAL NO: 133 of 2024 The Executive Engineer and others ...Appellants Vs. M/s Krishi Constructions Pvt. Ltd., and others ...Respondents Advocate for Appellant(s) Mrs. S Pranathi (Spl.G.P) Advocate(s) for Respondent(s): Mr. K Chidambaram representing Mrs. Thota Suneetha for R.1 GP for Agriculture for R.2 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 27‘^ January, 2025 DATE PC : The present writ appeal has been preferred against the judgment and order, dated 04.09.2023 passed in WP.No.24215 of 2011. 2. The writ petition was filed by the petitioner (respondent No.1 herein) seeking the issuance of a writ of Mandamus to the respondents for payment of an amount of Rs.24,13,000/- on account of price adjustment. 2 HCJ & RC,J WA 133 2024 3. The petitioner had been allotted a construction contract by Acharya N.G. Ranga Agricultural University (appellants) and an agreement was executed on 09.09.2005. The works had to be completed within a period of nine months. However, on account of inability of the petitioner to complete the works in the given timeframe, extension was granted by the University and time was extended till 31.03.2008. 4. The Government issued G.O.Ms.No.35 dated 30.01.2009 which was to have retrospective effect from 01.03.2008. Clause XI of the said Government Order is relevant and is reproduced herein below; “XI). The price adjustment shall be applicable for all ongoing and ' future works. The price adjustment shall be applicable within original contract period subject to work done within the agreement period or period extended on grounds of the Departmental delays and shall not be applicable to the extensions granted on account of the contractors fault as envisaged in G.O.Ms.No.94, l&CAD (COD) Dept, Dt. 01.07.2003. The price adjustment shall be applicable for all those ongoing works where final bills are not taken by the contractors as on the date of issue of these orders. Price adjustment shall be applicable for actual components of items of works actually carried out during the period of the bill. The above orders are applicable for all contracted works of the Government of Andhra Pradesh and Corporations, local bodies and Government Undertakings, TIrumala Tirupathi Devasthanam, Universities, APRSCL, APSPHC, APHMHIDC, APSTRC, APHB, etc." %■ 3 HG & RC,J WA 133 2024 The case of the petitioner before the leaned single Judge was that even when the petitioner v/as entitled to receive the benefit of price adjustment under G.O.Ms.No.35, the same was not acceded to by the 5. respondents. The learned single Judge by virtue of the judgment and order impugned allowed the writ petition and issued directions to the appellants herein to pay the final bill amount of Rs.24,13,000/- which final bill included the element of price adjustment which had been claimed by the petitioner. 6. Learned counsel for the appellants challenges the^ view expressed by the learned single Judge on the ground that the benefit of price adjustment would be given to the petitioner only in case the works were ongoing works and not if the same had been already completed. It was urged that the works had been completed before the coming into force of the 7. G.O.Ms.No.35 However, learned counsel for respondent No.1 has drawn our attention to the counter-affidavit filed by the appellants before the leaned single Judge where, in paragraph No.2 of the counter-affidavit, a clear statement has been made that the petitioner had completed 95% of the work by 01.03.2008 and the remaining work was completed from 01.03.2008 to 8. 31.03.2008. r 4 HG & RC,J WA_133_2024 works executed by the petitioner attract the to us that the It thus appears inc works which would in the normal course 9. in fact ongoing of the G.O.Ms.No.35 were operation ourselves to take a view different from the VVe cannot persuade taken by the learned single Judge any merit and is, accordingly, dismissed 10. . The Writ Appeal is found to be without one No order as to costs. applications pending, if any, shall stand closed. Miscellaneous //TRUE COPY// To section officer 1. One CC to Sri T Vishnu Teja, Advocate [OPUC) 2. One CC to M/s Thota 3. Two CCs to Special' Pradesh. [OUT] 4. Two CD Copies Suneetha, Advocate [OPUC] Government Pleader, High Court of Andhra RAM HIGH COURT DATED;27/01/2025 5 0 6 FEB 2025 S . Current Section . ^S5a£^PATC^S^ <>»// ORDER WA.No.133 of 2024 dismissing the writ appeal WITHOUT COSTS