Andhra Pradesh High Court - Amravati
Kummari Venkanna Babu vs The State Of Andhra Pradesh on 8 April, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION NO. 6945 OF 2022
ORDER:
Heard learned counsel for the petitioner and the learned
counsel appearing for the respondents in writ petition. Perused the
material available on record.
2) The issue raised in the present writ petition is squarely
covered by the order of this Court in Rayapureddy Srinivasa Rao
and others vs. Government of Andhra Pradesh, rep. by its
Principal Secretary to Government and others 1 and batch in
which the writ petitions are allowed with the following directions:
i) The Memo No.1263069/RD.II/A1/2020, dated
05.11.2020 and the Memo No.1388361/RD.II/A1/
2020, dated 12.05.2021 issued by the Respondent
No.1 are set aside to the extent of deduction of 21.02%
for DCC works and 6.333% for MCC works while
making payment to the petitioner.
ii) The respondents are directed to clear the bills
submitted by the petitioner and to release payment
forthwith, in case no payment is made till date.
iii) In case, any part payment is made as on date, the
remaining amount shall be paid to the petitioner
forthwith.
iv) The respondents shall pay interest @ 12% per annum
within a period of four (4) weeks from the date of
receipt of a copy of this order.
v) The interest shall be computed from the date of expiry
of one month from the date of submission of the bill by
the petitioner to till the date of final payment.
3) Against the above said order, several writ appeals are
filed and in one of the writ appeals (i.e.) W.A.No.724 of 2021, a
2021 SCC OnLine AP 3084
Division Bench of this Court has passed an interim order, dated
18.11.2021 as extracted hereunder:
"The direction of the learned Single Judge
regarding payment of interest to the respondent
no.1 as also setting aside the provision in Memo
No.1263069/RD.II/A1/2020, dated 05.11.2020
and the Memo No. 1388361/ RD.II/A1/2020,
dated 12.05.2021 relating to deduction of
21.02% for DCC works and 6.333% for MCC
works, while making payment, shall remained
stayed.
On a query of the Court, learned Advocate 6
General submitted that the direction of the
learned Single Judge as far as payment of the
principal amount of the bills raised by the
original writ petitioner, in terms of the order of
the Division Bench in Krishna District Grama
Panchayathi Sarpanchla Sangam (supra), shall
be made within four weeks, if already not done.
The matter be listed for hearing in due course.
It is clarified that the appellants shall comply
with the rest of the directions issued by the
learned Single Judge in the judgment under
appeal."
4) Subsequently, a Division Bench of this Court headed
by the Hon'ble Chief Justice while hearing the Writ Appeal Nos.740
and 741 of 2021, having considered the order passed in
W.A.No.724 of 2021, the following order is passed:
"Considering the facts and circumstances of the
case and having regard to the interim order
passed by the Coordinate Bench, we direct that
the said interim order shall apply for the present
writ appeals also, however, with a condition that
the appellants shall pay the principal amount of
the bill raised by the original writ petitioners,
within a period of four weeks, failing which the
present interim order shall stand vacated
without reference to the bench."
5) The counsel appearing for the petitioner and
respondents in writ petition had consented to dispose of this writ
petition by following the order, dated 24.11.2021, passed by a
Division Bench of this Court in W.A.Nos.740 and 741 of 2021.
6) The learned counsel appearing for the petitioner in this
writ petition sought permission of this Court to grant liberty to
renew their claim with regard to the interest part after disposal of
the writ appeals.
7) The learned counsel for the petitioner requested the
Court to clarify the applicability of the Memo
No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo
No.1388361/RD.II/A1/2020, dated 12.05.2021.
8) The learned Government Pleader for Panchayat
submitted that the said Memos are issued for the works executed
under "Mahatma Gandhi National Rural Employment Guarantee
Scheme".
9) It is made clear that the Memo
No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo
No.1388361/RD.II/A1/2020, dated 12.05.2021 are applicable to
the works executed under "Mahatma Gandhi National Rural
Employment Guarantee Scheme" only.
10) Accordingly, this writ petition is disposed of with the
following directions:
1. The Respondents in this writ petition shall pay the principal
amount of the bill raised by all the respective writ petitioner
within a period of four (6) weeks.
2. The writ petitioner is at liberty to renew/raise/agitate their
rights with regard to interest aspect, etc., after disposal of
the writ appeals.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed. There shall be no order as to costs.
____________________________
R. RAGHUNANDAN RAO, J.
08.04.2022
CHD
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION NO.6945 OF 2022
Dated: 08th April, 2022
CHD
