Andhra Pradesh High Court - Amravati
Malluri Rambabu vs The Government Of Andhra Pradesh on 2 May, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.4382 of 2023
ORDER:-
Heard learned counsel for the petitioner and the learned counsel
appearing for the respondents in the writ petition. 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 others1 and batch in
which the writ petitions are 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.
1
2021 SCC OnLine AP 3084
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W.P.No.4382 of 2023
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 6 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 petitioners, 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
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W.P.No.4382 of 2023
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
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 renew his 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
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
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W.P.No.4382 of 2023
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, this writ petition is disposed of with the
following directions:
1. The Respondents shall pay the principal amount of the bill
raised by petitioner within a period of six (6) weeks.
2. The petitioner is at liberty to renew/raise/agitate his rights with
regard to interest aspect, etc., after disposal of the writ appeals.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed. There shall be no order as to costs.
_________________________
R. RAGHUNANDAN RAO, J.
02nd May, 2023
BSM/DSV.
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W.P.No.4382 of 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.4382 of 2023
02nd May, 2023
BSM/DSV.
