Andhra Pradesh High Court - Amravati

Muram Madhava Reddy vs The State Of Andhra Pradesh on 29 November, 2022

Bench: Battu Devanand

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

      IA NO. 2 OF 2022 IN W.P.NO. 496 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 1514 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 1582 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 1702 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 1717 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 1995 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 2068 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 2163 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 2361 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 2679 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 3962 OF 2022;
     IA NO. 2 OF 2022 IN W.P.NO. 4244 OF 2022;
    IA NO. 1 OF 2022 IN W.P.NO. 14856 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 15003 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 16106 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 16367 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 16416 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 16650 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 16766 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 16691 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17047 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17193 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17212 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17490 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17515 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17572 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 17666 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 18617 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 18895 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 18907 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 19005 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 19084 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 19147 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 19235 OF 2021;
    IA NO. 1 OF 2022 IN W.P.NO. 19535 OF 2021;
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IA NO. 1 OF 2022 IN W.P.NO. 19696 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19818 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 19956 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20297 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 20435 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21066 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21069 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21072 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21073 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21117 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21148 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21149 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21236 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21293 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21467 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21483 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21563 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21681 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 21922 OF 2021;
IA NO. 2 OF 2022 IN W.P.NO. 22545 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 22624 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 22997 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23137 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23417 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23537 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23677 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23681 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23715 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23790 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 23814 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 24401 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 24466 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 24583 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 25071 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 25073 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 25103 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 25216 OF 2021;
IA NO. 1 OF 2022 IN W.P.NO. 25439 OF 2021;
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         IA NO. 1 OF 2022 IN W.P.NO. 25487 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 25692 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 25727 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 25804 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 25917 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 26041 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 26156 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 26260 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 26273 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 28115 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 29141 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 29400 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 29592 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 29688 OF 2021;
         IA NO. 1 OF 2022 IN W.P.NO. 31394 OF 2021;
                             AND
         IA NO. 1 OF 2022 IN W.P.NO. 12524 OF 2021;



COMMON ORDER:-

1.   The interlocutory applications in all the above writ

petitions are filed under Order XLVII, read with Sections 114

and 151 of the Civil Procedure Code (for short 'C.P.C'),

seeking to review the common order dated 05.10.2021 passed

by this Court in W.P No.12917 of 2021 & batch dated

05.10.2021.
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2.    These review petitioners are the respondents in the writ

petitions and the respondents in the review petitions are the

writ petitioners.

3. Heard learned Government Pleader for Panchayat Raj on

behalf of the review petitioners, Sri Ganta Rama Rao, and

Sri Gudapati Venkateswara Rao, learned Senior Counsel

appearing for the writ petitioners on record/respondents

herein. Perused the grounds available in the review petitions

along with the material papers and counter affidavits filed by

the writ petitioners i.e respondents in these review petitions.

4. Learned Government Pleader appearing for review

petitioners submits that the impugned order under review

was passed along with the other writ petitions considering

that the same is squarely covered without going into the

merits of each individual writ petition. It is also submitted

that the review petitioners, inspite of due diligence could not

bring to the notice of this Court that the writ petitioners have

executed only few works but claimed for many works under

MGNREGS, as such they concealed material facts and

obtained the orders from this Court for payment of works.

5. Learned Senior Counsel contends that, though the

vigilance enquiry was conducted in the year 2020, the writ

petitioners are not put on notice, as such, the vigilance

enquiry was conducted behind their back. The learned Senior

Counsel further contends that the review petitioners filed writ

appeals against the common order dated 05.10.2021, as

such, the review petitions are not maintainable.

6. Originally, this Court had considered the issue involved

in the present review petitions in W.P.No.11511 of 2021 and

W.P.No.16806 of 2021 & batch. A batch of writ petitions,

more than 1012 cases are allowed by common order dated

05.10.2021. Respondent Nos.1 & 2 in W.P.No.11511 of 2021

and W.P.No.16806 of 2021 filed their counter affidavits and a

memo had been filed on behalf of Respondent Nos.1 & 2

adopting the counter affidavit filed in W.P.No.1686 of 2021 in

all writ petitions. The same was recorded by this Court at

Paragraph No.5 of the common order dated 05.10.2021.

7. While passing common order in W.P No.12917 of 2021

& batch dated 05.10.2021, this Court considered the above

aspect in various Paragraphs, which are extracted hereunder:

44. This Court noticed on perusal of the entire material available on record that no notice was issued to the petitioners with regard to the alleged enquiry and with respect to taking decision to deduct the amounts mentioned in the Memos dated 05.11.2020 and 12.05.2021 out of the total amounts to be paid to the persons, who executed the works under MGNREGS. Without giving/putting up a notice to the persons, who would be aggrieved by the decision of deduction taken by the State Government is nothing but violation of principles of natural justice.

46) With regard to the pendency of the alleged enquiry, after noticing the contents of affidavit filed by the Central Government, this Court came to prima facie conclusion that the respondent Nos.1 and 2 are not placing correct information before this Court. Accordingly, directed the Chief Secretary of the State Government to appear before the Court on 24.09.2021 and to submit the status of the enquiry.

49) On 29.09.2021, the 10th respondent filed additional affidavit. At para No.5 of the additional affidavit, dated 28.09.2021 signed by Under Secretary, Government of India, Ministry of Rural Development, it is contended as extracted hereunder:

"It is submitted that upon enquiry from our office, the Office of the Commissioner, Panchayat Raj and

Rural Development, Andhra Pradesh, through e- mail ([email protected], dated 05.08.2021 informed the Director/Joint Director, Mahatma Gandhi NREGA that the Vigilance final report was received on 16.10.2020 and the State has submitted a detailed information vide Letter No.308/RD/DBT/2014, dated 11.08.2021 for preparing a reply to the Parliament Question regarding the pending payments under material component and regarding the submission of final report by the Vigilance Team on 16.10.2020. The State has also informed regarding the decision of the State Government Vide Memo No.1263069/RD.II/A1/ 2020, dated 05.11.2020, and Memo No.1388361/ RD.II/A1/2020, dated 12.05.2021 for releasing the pending payments of the works which were taken up under Mahatma Gandhi NREGS between the period from 01.10.2018 to 31.05.2019."

50) Having heard the Chief Secretary, Government of Andhra Pradesh and upon careful perusal of the affidavits filed by respondent Nos.1, 2 and 10, without any hesitation, this Court is holding that the contention of the Respondent Nos.1 and 2 that the payments could not be made to the petitioners due to pending vigilance enquiry and non-receipt of MGNREGS funds which are due from the Government of India are false, and far from truth and the said contentions are made to mislead the Court and to drag on the payment to the petitioners for which they are legitimately entitled.

56) As per the contention of the State Government, payments are not made due to pendency of vigilance enquiry against the works executed between 01.10.2018 to 31.05.2019. Though the State Government Officers failed to place correct information for all these days about the status of the alleged vigilance enquiry, now it is clear by the affidavit filed by the 10th respondent (Central Government) and the statement made by the Chief Secretary, Government of Andhra Pradesh, before the Court that the said vigilance enquiry is concluded on 26.10.2020. The State Government at-least after

completion of the vigilance enquiry ought to have made payments to the petitioners by clearing their bills. But, without making payments, even after filing of the writ petitions before the Court, the State Government contended that payments could not be made due to pendency of the enquiry against the petitioners.

8. In view of the above, it is clear that the enquiries alleged

to have been conducted against the works executed by the

writ petitioners are concluded by 16.10.2020 and reports, if

any, against the petitioners are with the respondents. But, no

further steps are taken by them against the petitioners till

filing of the writ petitions.

9. Admittedly, as held at Paragraph No.44 in the common

order dated 05.10.2021, no notice was issued to the writ

petitioners with regard to the alleged enquiry, and as such,

this Court held the decision of the respondents is in violation

of the principles of natural justice.

10. For proper adjudication of the issue, Order XLVII Rule 1

of C.P.C is extracted hereunder:

1. Application for review of judgment. - (1) Any person considering himself aggrieved-

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred,

(b) by a decree or order from which no appeal is allowed, or

(c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record of for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order.

11. As per Order XLVII Rule 1 of C.P.C, any person can file

review petition against a decree or order passed by the Court,

subject to the following conditions:

i. Who, from the discovery of new and important matter or

evidence which was not within his knowledge or could

not be produced by him at the time when the decree was

passed or order made, after the exercise of due

diligence;

ii. On account of some mistake,

iii. Error apparent on the face of the record,

iv. For any other sufficient reason, desires to obtain a

review of the decree passed or order made against him,

may apply for a review of judgment to the Court which

passed the decree or made the order

12. For the reasons stated in the above Paragraph

Nos.7 to 9, this Court holds that the review petitioners utterly

failed to satisfy the above essential ingredients required under

Order XLVII Rule 1 of C.P.C for seeking to review the order

passed by the Court, particularly, there is no error on the face

of the record.

13. Accordingly, the review petitions are dismissed.

14. There shall be no order as to costs.

______________________________ JUSTICE BATTU DEVANAND

Date : 29.11.2022

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

IA NO. 2 OF 2022 IN W.P.NO. 496 OF 2022;

IA NO. 2 OF 2022 IN W.P.NO. 1514 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 1582 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 1702 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 1717 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 1995 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 2068 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 2163 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 2361 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 2679 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 3962 OF 2022; IA NO. 2 OF 2022 IN W.P.NO. 4244 OF 2022; IA NO. 1 OF 2022 IN W.P.NO. 14856 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 15003 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 16106 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 16367 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 16416 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 16650 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 16766 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 16691 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17047 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17193 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17212 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17490 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17515 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17572 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 17666 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 18617 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 18895 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 18907 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19005 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19084 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19147 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19235 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19535 OF 2021;

IA NO. 1 OF 2022 IN W.P.NO. 19696 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19818 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 19956 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 20297 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 20435 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21066 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21069 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21072 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21073 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21117 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21148 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21149 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21236 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21293 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21467 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21483 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21563 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21681 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 21922 OF 2021; IA NO. 2 OF 2022 IN W.P.NO. 22545 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 22624 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 22997 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23137 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23417 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23537 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23677 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23681 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23715 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23790 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 23814 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 24401 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 24466 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 24583 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25071 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25073 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25103 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25216 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25439 OF 2021;

IA NO. 1 OF 2022 IN W.P.NO. 25487 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25692 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25727 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25804 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 25917 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 26041 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 26156 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 26260 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 26273 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 28115 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 29141 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 29400 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 29592 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 29688 OF 2021; IA NO. 1 OF 2022 IN W.P.NO. 31394 OF 2021;