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Neeru-Chettu - Court Cases - Instructions

Neeru chettu court cases cicular

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326 views14 pages

Neeru-Chettu - Court Cases - Instructions

Neeru chettu court cases cicular

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sai ram
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GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES DEPARTMENT Office of the Chief Engineer, Minor & Medium Irrigation 2" Floor, Vyshya Bhavan, Gopal Rao Street, Hanumanpet, Vijayawada. -/0T2/T2/Neeru Chettu/Court Cases / Instructions / 202 Dt._08-10-2021, ‘Sub:- Water Resources Department — Minor Irrigation — Neeru-Chettu- Suits- High Court = Certain WPs filed by petitioners - Request for payments in relation to the execution of different works under Neeru-Chettu Programme — Enquiry / verification of works in respect of WPs filed by the petitioners - and Filing Counter Affidavits - Further instructions issued by the Government - Reg, Ref:- 1) Hon'ble High Court order dated 25-10-2019 in W.P No: 9929/2019 2) Govt Memo No: ICD01- MINR / 50 / CADA / 2020-7 Dt. 27-07-2021 3) Govt. memo No: ICDO1 / 989 / CADA 2021-1 Dt, 02-08-2021 Communicated to all CEs (OWROs), SEs vide this office Endt No: DCE-I/ OT2/ T2/ Neeru-Chettu / Court Cases & Payments Dt. 03-08-2021 4) This office Memo No: DCE-I/ OT2 / T1/ Neeru —Chettu/ Court Cases / Implementation Report / 2021 Dt.08-09-2021 5) Govt Memo No: ICD01/338/ CADA/ 2021-1 Dt. 08-09-2021 and list of Neeru- Chettu W.P Cases. 6) This office Memo No: DCE-VOT2/ T2/ Neeru-Chettu/ Court Cases & Payments 2021 Dt. 7) G.P Letter No: Various WP Nos / 2021 /SSK / WRD/HC Dt. 16.9.2021 addressed to Government and received in this office from Govt through e-mail 8) GP Letter No: Various WP Nos / 2021 /SSK / WRD / HC Dt, 16.9.2021 addressed to Government and received in this office from Govt through e-mail 9) Govt Memo No: ICD01- MINR /50/ CADA /2020-11 Dt. 24-09-2021 10) Director General (VIG & ENFT) & E.O. Principal Secretary to Govt (FAC) U.O. Note No:4916 / V& E/ Engg / 2019-2 Dt. 20-09-2021 11) This office Memo No: DCE-| / OT2 / T2 / Neeru Chettu / Court Cases for Payments/2021Dt. 17-09-2021 12) Government Memo No: ICD01/ 338 / CADA / 2021-4 Dt. 24-09-2021 13) This office letter No: DCE / OT2/ T2 / Neeru-Chettu / Court Cases / Implementation of Govt Instructions Dt. 29-09-2021 14) Minutes of meeting Dt. 30-09-2021 in Chambers of CE, M&MI, Vijayawada 15) Govt. Memo No: ICD01 / 338 / CADA / 2021-5 Dt.02-10-2021 16) This Office memo No: DCE-/OT2/ T2/ Neeru-Chettu / Court Cases / Modified Instructions / 2021 Dt.02-10-2021 17) G.P WRD Letter No: Neeru-Chettu cases /2021 /SSK WRD/ HC Dt.06-10-2021 18) Govt memo No: ICD01/ 338 / CADA / 2021-6 Dt. 07-10-2021 19) Govt memo No: ICD01/ 338 / CADA / 2021-7 Dt. 07-10-2021 20) Govt memo No: ICD01- MINR/50/ CADA / 2020-12 Dt. 07-10-2021 —— 000 The Government vide reference 20" cited have issued further instructions based on the GP letter under reference 17” cited and the same is herewith forwarded to all Superintending Engineers who have executed the Neeru-Chettu works in their jurisdiction. 1) The Superintending Engineers are requested to instruct their Executive Engineers, DyEEs and AEEs to check measure the items that are verifiable as on date in accordance with the instructions issued vide references 15" and 16" cited. 2) The Superintending Engineers are requested to take all steps to complete the enquiry / verification against the works in respect of WPS filed by the petitioners. 3) 4 7 8) Enel:- To All the cases that are listed on 4.10.2021 to 8.10.2021 are posted to 27.10.2021, 28.10.2021 and 29-10-2021 for filing the counter affidavits The Government as well as the Hon'ble Court has informed that, if counters are not filed on the above dates, the Hon'ble Court will be forced to pass an interim orders in all the pending interlocutory applications directing the respondents to meet the prayer sought therein. No further time will be granted for filing counters thereafter. Hence all the works pertaining to the Count cases (List of WPs are enclosed herewith once again) shall invariably check measured and the enquiry / verification reports shall be prepared well in advance such that the concerned officers shall attend the G.P office with all relevant records and verification reports to file the counters before the schedules dates The enquiry / verification shall be completed well in advance preferably before 20.10.2021 such that sufficient time will be available for approaching the G.P and filing the counters so as to avoid further legal complications, The Hon'ble Court also instructed to prepare a statement relating to the entire batch of cases, where there are instances, which the respondents could process without difficulty and without any complaint on account of nature of works carried out. These statements are to be submitted to the G.P and consideration of Court. A proforma (Statement) is herewith enclosed for this purpose and requested to fill the same with all details of works under each W.P. The SEs are requested to furnish the signed copy and the soft copy of this statement to this office for compiling all the Districts. ‘The Superintending Engineers and all Es are requested to attend this on top priority to and intimate the action taken and stage of cases from time to time till its disposal. The Govt memos under references 18" and 19" cited issued by the Government to the District Collectors and Quality Control Department are also herewith appended. This may be treated as most urgent and top priority. 1) Govt Memo under reference 17" to 20" cited. 2) List of Court cases 3) Court order. 4) Statement for details of WP wise works All the Superintending Engineers SdJ- 08-10-2021 Chief Engineer, Minor &medium Irrigation, ‘Vijayawada, 1/ Attested / Deputy eon EON O/o. The Chief Engineer Minor & Medium Irrigatic” Water Resources Depart Vijayawada-520 003. File No.ICD01-MINR/50/2020-CADA Court cases Time bound Top-priority GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES (CADA) DEPARTMENT (Computer No.1089890) Sub:WRD - Neeru-Chettu works - Court cases on payment of bills to the petitioners - Cases posted for hearing from 27.10.21 onwards- File necessary counters- Reg. Ref: 1. Govt.Memo.No.ICD01-MINR/50/CADA/2020-7, dt.27.07.2021, 2. Govt.Memo.No.ICD01/338/CADA/2021-5, dt.02.10.2021. 3.From the Govt. Pleader for Water Resources Department, High Court of AP. Amaravathi, —_Lr.No. Neeru —Chettu cases/2021/SSK/WRD/HC, dt:06.10.2021. Hee In continuation of the Govt.Memo 2"4 cited, a copy of the letter 3° cited along with the Neeru-chettu cases of W.P’s listed before the Hon'ble Court from 27.10.2021 onwards is herewith enclosed, wherein the G.P has informed that, the enclosed Writ Petitions came up for hearing before the Hon'ble Court on 04.10.2021, 05.10.2021 and 06.10.2021. After hearing the arguments, the Hon'ble Court has expressed its serious view in not paying the amounts to the petitioners and on the request of G.P., the Hon’ble Court posted the matters finally on 27.10.2021, 28.10.2021 and 29.10.2021 respectively for filing counter affidavits. 2. The G.P., has further informed that, the Hon'ble Court also directed to get a statement prepared relating to this entire batch of cases, where there are instances which the respondents could process without any difficulty and without any complaint and where there is requirement of vigilance enquiry on account of the nature of works carried out, The Engineer-in-chief shall get this statement prepared on or before the above date and get it filed through the office of the learned Government Pleader for consideration of the Court. 3. The G.P., has requested to prepare check-measurements as per Memo.No.ICD01/338/CADA/2021-5, dated:02.10.2021. The G.P has also requested to depute the concerned officer along with the above check measurement report and parawise remarks in each case before 20.10.2021 for finalizing the counter affidavits and to file the same in the Hon'ble Court before next date of hearing. File No.ICD01-MINR/50/2020-CADA 4, In the letter 3°4 cited, the G.P has also informed that, if counters are not filed on that day, the Hon'ble Court will be forced to pass an interim order in all the pending interlocutory applications directing the respondents to meet the prayer sought therein. No further time will be granted for filing counters thereafter. 5. The Engineer-in-chief(Irr) and the Chief Engineer, M&MI., are therefore requested to depute the senior officer concerned to the o/o G.P., High Court and furnish all necessary statements as desired by the Hon'ble High Court, Check measurement reports and file counters on behalf of Govt., in each case, on or before 20.10.2021., so as to avoid further legal complications. 6. The E-in-C(Irr) and the C.E., M&MI are also requested to attend this on Top-priority and intimate the action taken and the stage of cases from time to time., till its disposal. M Hanumantha Reddy Joint Secretary To Govt To The Engineer-in-Chief(Irrigation), WRD, Vijayawada(w.e). The Chief Engineer, Minor & Medium Irrigation, Hanumanpet, Vijayawada(w.e). to: The Engineer-in-Chief(AW), WRD, Vijayawada(w.e ). The Chief Engineer., QC Wing, Coastal Region, Vijayawada(with a similar request). The Chief Engineer, QC, Rayalaseema Region, Kadapa(with a similar request). The Govt. Pleader for Water Resources, High Court of A.P., Amaravathi. //FORWARDED Y ORDER// SECTION OFFICER File No.ICD01-MINR/50/2020-CADA Court cases Time bound Top-priority. GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES (CADA) DEPARTMENT Ne 2 (Computer No.1501510) ‘sub:WRD - Neeru-Chettu works - Court cases on payment of bills to the petitioners - Reg. Refi 1. Govt. Memo.No.ICD01-MINR/SO/CADA/2020-7, dt.27.07.2021. . 2.From the Govt. Pleader for Water Resources Department, High Court of A.P., Amaravathi, Lr.No. Various cases/2021/ SSK/WRD/HC, dt:29.09.2021. 3. Govt, Memo.No.ICD01/338/CADA/2021-5, dt.02,10.2021. at The attention of the District Collectors are invited to the references cited{(copies enclosed). In Memo 1 & 3" cited, Government Nave issued ce pee to the Chief Engineer, M&MI to comply the Orders of Hon'ble High Court in respect of works under NEERU-CHETTU progrernnn where GA(veE)Department officials have not conducted verification of works, ei yereckemeasurement by WRD officials, in respect of items that are verifiable as on date, as follows. “Work bills are to be admitted for payment after conducting 100% check-measurement by EE concemed & 50% by EE, QC and 2fer satisfying quality of work as per specifications/BIS Codal provisions". 2. But, It is noticed that, there is no significant progress even after lapse of two months in check measurements, as per instructions issued in Memo's 1 & 3° cited. 3, In the letter 2 cited, the Govt. Pleader for WRD, High Court has ahclosed the case wise W.P'S listed before the Hon'ble Court from 65.10.2021 onwards and the G.P has informed that, the enclosed writ Petitions came up for hearing before the Hon'ble Court on 28.09.2021. iter hearing the arguments, the Hon'ble Court has taken very serious view in not paying the amounts. 4. Inthis connection, the Chief Engineer, M&MI and the Chief Engineers, ° Qc Wings have been requested to take immediate necessary action stipulating time schedule to complete the enquiry/verification of the works in r/o the W.P’s filed by the petitioners, duly following the File No.ICD01-MINR/50/2020-CADA instructions issued in Govt.Memo's cited. 5. Further, the Chief Engineers have been requested to depute the concerned officer with connected records and enquiry reports in all these matters to the O/o G.P., High Court, for filing detailed Counters on behalf of Govt., within the stipulated time and pursue the cases promptly from time to time till its disposal. 6. The District Collectors are therefore requested not to take up frequent meetings with Minor Irrigation Officials till the task is completed. Further, the District Collectors are requested to issue similar instructions to the District Officials, 7. The District Collectors are requested to treat this most urgent and top priority to avoid further legal complications in the court cases. Syamala Rao Jamjam qT Secretary To Government 0 The All District Collectors, Copy to: The Chief Engineer, Minor & Medium Irrigation, Hanumanpet, Vijayawada. The Chief Engineer., QC Wing, Coastal Region, Vijayawada. The Chief Engineer, QC, Rayalaseema Region, Kadapa. The Engineer-in-Chief(Irrigation), WRD, Vijayawada. The Engineer-in-Chief(AW), WRD, Vijayawada. The Govt. Pleader for Water Resources, High Court of A.P., Amaravathi The OSD to Hon'ble Minister(WRD). fe . /[FORWARDED :: BY ORDER// By. t SECTION OFFICER al Signed by Syamala Rao Jamjam Dat Reason: 90-2021 11:43:17 Approved File No.ICD01-MINR/50/2020-CADA. GOVERNMENT OF ANDHRA PRADESH WATER RESOURCES (CADA) DEPARTMENT CDi 7, i 2: (Computer No.1501510) ‘Sub:WRD - Neeru-Chettu works - Court cases on payment of bills to the petitioners - Instructions ~ Reg. Ref: 1. Govt.Memo.No.ICD01-MINR/S0/CADA/2020-7, t.27.07.2021. 2. Govt. Memo.No.ICD01/338/CADA/2021-1,2,3&4, _dt.08.09.2021, 16.09.2021, 17.09,2021 & 24.09.2021. 3. From the Chief Engineer, M&MI, Vijayawada, Letter No: DCE-//OT2/ T2/ Neeru-Chettu/ Court Cases / Implementation of Govt Instructions, dt.29.09.2021. 4, From the Govt. Pleader for Water Resources Department, High Court of A.P., Amaravathi, Lr.No. Various cases/2021/ SSK/WRD/HC, dt:29.09,2021. 5.Minutes of Meeting held on 30-09-2021 on Neeru-Chettu works in the chambers of Chief Engineer, Minor & Medium Irrigation, vijayawada. 6, Govt.Memo.No.ICD01/338/CADA/2021-5, dt.02,10.2021. eet The attention of the Chief Engineers, QC Wings are invited to the GovtMemo 6% cited, wherein Government have modified General instructions issued in Memo dt.27.07.2021 to the extent that check measurement specified therein, shall be done in respect of items that are verifiable as on date. 2. The Chief Engineers, QC Wings are therefore requested to give instructions to the Executive Engineers, Quality Control stipulating time schedule to complete the enquiry/verification against the works in r/o the W.P’s filed by the petitioners, duly following the instructions specified in Govt.Memo 6" cited. 3. The Chief Engineers, QC Wings are requested to attend this on Top- priority to avoid further legal complications. Syamala Rao Jamjam Secretary To Government To ‘The Chief Engineer., QC Wing, Coastal Region, Vijayawada. ‘The Chief Engineer, QC, Rayalaseema Region, Kadapa. Copy to: Bs ‘The Chief Engineer, Minor & Medium Irrigation, Hanumanpet, File No.ICD01-MINR/50/2020-CADA Vijayawada. The Engineer-in-Chief(Irrigation), WRD, Vijayawada. The Engineer-in-Chief(AW), WRD, Vijayawada. The Govt. Pleader for Water Resources, High Court of A.P., Amaravathi. The OSD to Hon’ble Minister(WRD). //FORWARDED :: BY ORDER// Bhs, ECTION OFFICER ja Rao Signed by Syar Jamjam Date: 07-10-2024 11:43:43 Reason: Approved a i a Ss 00g fou mol auye] | AYOUIY - at su (se pte ott | on] so, amo ott woos = : w| Seeteg | Aoross: | Gupuos | °8 PRS “a GOVERNMENT OF ANDHRA PRADESH OFFICE OF THE GOVERYMENT PLEADERS HIGH COURT = \MARAVATIT Fr No.Nooit Chettu eases 2021/S8K WIRD HC De06.11 ron bo Shi S. Siva Kuma Ihe Prineipul Seeretary Gost, Pleader for Water Resourees Depuarinient Irrigation and Water Resource, 1» Hii plone gmail.com A.P. Secretariat, Velazapud Amuravati, Guntur istrict, Sir Sub: Neeru Chettu eases filed in not releasing the bills amount for execution at | completion of Various works us per the agreements Re 1) Le. No.various eases 2021 SSK WRC. D1:29.09.2021 2021/SSK/WRDIIC. D:30,09.2021 ets he enclosed Writ Petitions gain came up for hearing betore the Flunible Court o 04.10.2021. 05 10.2021 and 06.10.2021. Ader hearing the arguments. the {lontbic Cin has expressed its serious view in not paying the amounts to the petitioners and on ov roest, the Honble Court posted the matters finally on 27.10.2021, 28.10.2021 an 29.10.2021 respectively for filing counter altidavits ‘he Horible Court also directed Wy yet a statement prepared relatiny 1 this cities bateh of cases, where there are instances. whieh the respondents could provess with any ditffeully and without any complaint and where there is requirement of vizilanes enyulry on aecount of the nature of works carried out, The Kngineer-in-chiy'shall vet this, walement prepared on or before the above date and get it filed through the offige w! the Government Pleader for considerition of this Court, Henee, you are requested 10. prepare check measurements as per Meni Nu (CDUL 338CADA2021-S, duted 02.10.2021 issued by Secretary tw Government. Water Resourees (CADA) Deparment You are also requested t depute the eoneemed officer along, with the above chee ‘measurenren! report and parwwive remarks in eh ease betone 20.10.2021 tor Salis; the counter affidavits and to file the same in the Honible Court betore atext alate 0 WW counters are not fied on that diy. this Coust will be Fareed! tw pas aan imterins order in all the pending interlocutory applications directing the respanulents to meet the Prayer sought therein, No further time wil be yranted for filing uc thi 8 most urn 3h. Govt. Pleader far eounters thereatier ures: HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE NO._WRIT PETITION No.17178 of 2021 ‘At request of the learned Government Pleader for Irrigation and Command Area Development, for counter, list on 28.10.2021. If counter is not filed on that day, this Court will be forced to pass an interim order in all the pending interlocutory applications directing the respondents to ‘meet the prayer sought therein. No further time will be granted for filing counter thereafter. The learned Government Pleader is requested to get a statement prepared relating to this entire batch of cases, where there are instances, which the respondents could process without any difficulty and without any ‘complaint and where there is requirement of vigilance ‘enquiry on account of the nature of works carried out. The 4th respondent-Engineer-in-chief shall get this statement prepared on or before the above date and get it filed through the office of the learned Government Pleader for consideration of this Court. WRI RR PROCEEDING SHEET SL Date’ ORDER OFFICE No. NOTE 04 |05.10.2027 | MRI 337 WP. No. 14871 of 2021 34, WP. No. 14888 of 2021 7 WP. No. 14842 of 2020 35. WP. No. 14972 of 2021 z WP. No. 14844 of 2020 36. WP. No. 14973 of 2021 a WP. No. 14857 of 2020 37. WP. No. 14996 of 2021 4 W-P. No. 14865 of 2020 38. WP. No. 15011 of 2021 5. W.P. No. 14866 of 2020 39. WP. No. 15020 of 2021 6. WP. No. 14779 of 2020 40. WP. No. 1021 of 2021 7. WP. No. 14817 of 2020 a1. WP. No. 15038 of 2021 8. W.P. No, 14828 of 2020 42. WP. No. 15052 of 2021 9. W.P. No. 14831 of 2020 43, WP. No. 15092 of 2021 10. WP. No. 14905 of 2020 44. WP. No. 15096 of 2021 17 W-P. No. 14946 of 2020 4. 'W-P. No. 15103 of 2021 12. W.P. No. 11737 of 2021 46. WP. No. 15136 of 2021 13. W.P. No. 12712 of 2021 47. W-P. No. 15139 of 2021 14. WP. No. 13031 of 2021 48. W-P. No. 15166 of 2027 15. WP. No. 13067 of 2027 49. WP. No. 15290 of 2021 16. W.P. No. 13107 of 2021 50. W-P. No. 15662 of 2021 17. W.P. No. 13107 of 2021 51 WP. No. 15722 of 2021 18. W.P. No. 13108 of 2021 52. W-P. No. 15916 of 2021 79) W-P. No. 13131 of 2027 53. WP. No, 15916 of 2021 20. W.P. No. 13132 of 2021 54, WP. No. 16602 of 2021 21. W.P. No. 13187 of 2021 56. WP. No. 16671 of 2021 22. WP. No. 13202 of 2021 56. WP. No. 16780 of 2021 23. WP. No. 13271 of 2021 87. WP. No. 16886 of 2021 24, W.P. No. 13346 of 2021 58. WP. No. 16927 of 2021 25. WP. No. 13347 of 2024 58. W.P. No. 16997 of 2021 26. W.P. No. 13828 of 2021 60, W-P. No. 17178 of 2021 27. WP. No. 13887 of 2021 61. WP. No. 17320 of 2021 28. W-P. No. 14283 of 2027 62, WP. No. 17326 of 2021 29. W.P. No. 14283 of 2021 63, WP. No. 17348 of 2021 30. WP. No. 14737 of 2021 64, WP. No. 17387 of 2027 at. WEP. No. 14747 of 2024 65, WP. No. 17512 of 2021 32. WP. No. 14834 of 2021 66, WP. No. 17524 of 2021 67. WP. No. 17531 of 2021 101. No. 19288 of 2021 68. WP. No. 17535 of 2021 102. No. 19294 of 2024 69. WP. No. 17546 of 2021 103. No. 19522 of 2021 70. WP. No. 17556 of 2021 104, No. 19570 of 2021 71. WP. No. 17557 of 2021 105. No. 19620 of 2021 72. W.P. No. 17562 of 2021 106. No. 19659 of 2021 73, WP. No. 17584 of 2021 107. No. 19710 of 2021 74, W.P. No. 17601 of 2021 108. No. 19714 of 2021 75. WP. No. 17635 of 2021 108. No. 19734 of 2021 76. | WP. No. 17641 of 2021 110. No. 19751 of 2021 77. W.P. No. 17645 of 2021 111 . No. 19754 of 2021 78. WP. No. 17659 of 2027 712: No. 19851 of 2027 79. WP. No. 17682 of 2021 713. No. 19904 of 2021 80. W.P. No. 17730 of 2021 14 No. 20018 of 2021 81 W-P. No. 17754 of 2021 115: No. 20019 of 2021 82. WP. No. 17771 of 2021 116: ”. No. 20076 of 2021 83, WP. No. 17865 of 2021 17. No. 20182 of 2021 84, 'W.P. No. 17893 of 2021 118. No. 20289 of 2021 85, WP. No. 17950 of 2021 119. No. 20328 of 2021 86, W-P. No. 18024 of 2021 720. No. 20622 of 2021 87, W.P. No. 18166 of 2021 127 No, 20628 of 2027 88. W.P. No. 18260 of 2021 122, No. 20663 of 2021 89, W.P. No, 18404 of 2021 123, No. 20680 of 2021 90, W-P. No. 18757 of 2021 124 . No. 20684 of 2021 91. WP. No. 18822 of 2021 125. No. 20713 of 2021 92. WP. No. 18829 of 2021 126. No. 20718 of 2021 93. WP. No, 18830 of 2021 127. . No. 20769 of 2021 94, W-P. No. 18924 of 2021 128. No. 20795 of 2021 95, W-P. No. 18959 of 2021 129, . No. 20850 of 2021 96. W-P. No. 19049 of 2021 130, No. 21014 of 2021 o7, W-P. No. 19050 of 2021 131 No. 21153 of 2021 98. WP. No. 19094 of 2027 132. No. 21160 of 2021 99, WP. No. 19144 of 2021 133. No. 21177 of 2021 100. | W.P. No. 19199 of 2021 134 No. 21185 of 2021 135. | WP. No. 21187 of 2021 136. | WP. No. 21266 of 2021 137. | W.P. No. 20690 of 2021 138. | WP. No. 21187 of 2021 139. | WP. No. 21772 of 2021 140. | WP. No. 21822 of 2021 141. | WP. No. 21956 of 2021 142. | WP. No, 22097 of 2021 143. | W.P. No. 22146 of 2021 144. | WP. No. 22152 of 2021 145. | WP. No. 22287 of 2021 146. | W.P. No. 22301 of 2021 147. | WP. No. 22302 of 2021 148. | W.P. No. 22320 of 2021 149. | WP. No. 22638 of 2021 Remaining cases will be furnished later.

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