Buchingari Mamatha vs The State Of Ap
2023 Latest Caselaw 2859 AP

                 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                              W.P.No.10219 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.

    2021 SCC OnLine AP 3084
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                                                      W.P.No.10219 of 2023




      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 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:

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                                                          W.P.No.10219 of 2023

"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

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".

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                                                       W.P.No.10219 of 2023




       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, 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.

04th May, 2023 BSM/DSV.

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                                      W.P.No.10219 of 2023

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.10219 of 2023

4th May, 2023 BSM/DSV.