Andhra Pradesh High Court - Amravati
M.K.R.Nursery vs The State Of Andhra Pradesh on 12 October, 2022
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NOS. 33129, 33142, 33143,
33144, 33147, 33157, 33158, 33213 and
33225 OF 2022
C O M M O N O R D E R:-
Heard learned counsel for the petitioner(s) and the
learned counsel appearing for the respondents. Perused
the material available on record.
2) The issue raised in the present writ petitions 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 batch 1 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
2021 SCC OnLine AP 3084
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:
"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(s) 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 appearing for the
petitioner(s) sought permission of this Court to grant
liberty to the petitioner(s) to renew his/her/their claim
with regard to the interest part after disposal of the writ
appeals.
7) The learned counsel for the petitioner(s)
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
Raj 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, the writ petitions are disposed of
with the following direction:
The Respondents shall pay the principal amount of
the bill raised by the writ petitioner(s) within a period of
four (4) weeks.
11) The writ petitioner(s) is/are at liberty to
renew/raise/agitate his/her/their right with regard to
interest aspect, etc., after disposal of the writ appeals.
12) There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this case
shall stand closed.
______________________________
JUSTICE BATTU DEVANAND
Date : 12.10.2022
Note: Issue CC by 13.10.2022 in each case separately.
MP
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NOS. 33129, 33142, 33143,
33144, 33147, 33157, 33158, 33213 and
33225 OF 2022
Date : 12.10.2022
MP
