Gudavalli Venkateswarlu vs The State Of Andhra Pradesh
2022 Latest Caselaw 3295 AP

Citation : 2022 Latest Caselaw 3295 AP
Judgement Date : 4 July, 2022

Andhra Pradesh High Court - Amravati

Gudavalli Venkateswarlu vs The State Of Andhra Pradesh on 4 July, 2022

Bench: Venkateswarlu Nimmagadda

    HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No. 14471 of 2022

    ORDER:

Heard learned counsel for the petitioner 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.

2021 SCC Online AP 3084

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:

"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 petitioner

and the 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.

6) 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.

7) The learned Assistant Government Pleader for

Panchayat Raj submitted that the said Memos are issued

for the works executed under "Mahatma Gandhi National