Andhra Pradesh High Court - Amravati
Alapati Bala Krishna vs The State Of Andhra Pradesh, on 11 May, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.Nos.2982,7278,7498,7548,7959,8093 of 2023
COMMON ORDER:
Heard learned counsel for the petitioners and the learned
counsel appearing for the respondents in all writ petitions.
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
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.
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2021 SCC OnLine AP 3084
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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 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
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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 petitioners
and respondents in all writ petitions have consented to dispose
of these 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 petitioners in
all these writ petitions sought permission of this Court to grant
liberty to renew their claim with regard to the interest part after
disposal of the writ appeals.
7) The learned counsel for the petitioners 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
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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, these writ petitions are disposed of with
the following directions:
1. The Respondents in all the writ petitions shall pay the
principal amount of the bill raised by all the respective
writ petitioners within a period of six (6) weeks.
2. All the writ petitioners are at liberty to renew/raise/agitate
their 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.
11.05.2023
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.Nos.2982,7278,7498,7548,7959,8093 of 2023
11.05.2023
RJS
