Andhra Pradesh High Court - Amravati
M/S Neelakanteswara ... vs The State Of Ap on 19 October, 2022
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO.34053 OF 2022
O R D E R:-
Heard learned counsel for the petitioner, the learned
Government Pleader appearing for the respondents and Sri G.V.S.
Kishore Kumar, learned Standing Counsel appearing for Andhra
Pradesh Education and Welfare Infrastructure Development
Corporation. 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.
2021 SCC OnLine AP 3084
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 counsel 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 appearing for the petitioner sought
permission of this Court to grant liberty to the petitioner to renew its
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 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 petition is disposed of with the following
direction:
The Respondents shall pay the principal amount of the bill raised
by the writ petitioner within a period of four (4) weeks.
11. The writ petitioner is at liberty to renew/raise/agitate its 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 : 19.10.2022
Note: Issue CC by 22.10.2022
B/o
GBS
