Andhra Pradesh High Court - Amravati
Vemula Kannayya, vs The State Of Andhra Pradesh, on 26 April, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.7245 of 2022
ORDER:
Heard learned counsel for the petitioner and the learned counsel
appearing for the respondents. 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 others1 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 petitioners.
ii) The respondents are directed to clear the bills submitted by the
petitioners 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 petitioners 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 petitioners 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 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
2021 SCC OnLine AP 3084
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W.P.No.7245 of 2022
21.02% for DCC works and 6.333% for MCC works, while
making payment, shall remain 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 petitioners, 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 learned counsel appearing for the petitioner and respondents
have consented to dispose of the 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.
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6) The learned counsel appearing for the petitioner sought
permission of this Court to grant liberty to renew his 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 shall pay the principal amount of the bill raised by the
petitioner within a period of six (6) weeks.
2. The petitioner is at liberty to renew/raise/agitate his 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.
26th April, 2022
Js.
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W.P.No.7245 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.7245 of 2022
26th April, 2022
Js.
