Andhra Pradesh High Court - Amravati
M.Shankara Rao vs The State Of Andhra Pradesh on 3 August, 2022
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 22143, 22205, 22216, 22221, 22228,
22231, 22233, 22234, 22238, 22240 OF 2022
COMMON ORDER:
Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Panchayat Raj and Rural
Development 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 others and batch1 in
which the writ petitions were 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 Division
Bench of this Court has passed an interim order, dated 18.11.2021
as extracted hereunder:
2021 SCC Online AP 3084
"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 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 respective counsels appearing for the petitioners and the
respondents have consented to dispose of the writ petitions 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 for the petitioners 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.
7) The learned Assistant Government Pleader for Panchayat Raj
submitted that the said Memos are issued for the works executed
under "Mahatma Gandhi National Rural Employment Guarantee
Scheme".
8) 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.
9) Accordingly, the Writ Petitions are disposed of with a
direction to the respondents to pay the principal amount of the
bills raised by the writ petitioners within a period of six (06) weeks.
If the respondents fail to pay the amount within the stipulated
time, the petitioners are entitled for interest @ 12% p.a. There shall
be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in
this Writ Petition shall stand closed.
______________________________________
VENKATESWARLU NIMMAGADDA, J
Date:03.08.2022
SP
