ANDHRA PRADESH HIGH COURT AT AMARAVATI
Battu Devanand, J.
Malireddy Venkataramana – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 1182 of 2022
Decided On : 18-01-2022
Court Order - Writ Petition - The court directed the respondents to clear the bills submitted by the petitioner and release payment forthwith, set aside the deduction percentages for specific works, and ordered payment of interest at 12% per annum. The interim order stayed the payment of interest and the deduction provisions, with a direction to pay the principal amount of the bills within four weeks. The Division Bench upheld the interim order with a condition to pay the principal amount within four weeks, failing which the interim order would stand vacated.
Fact of the Case:
The court heard the petitioner's counsel and the respondents' counsel and considered the material available on record. The issue raised in the writ petition was related to the deduction percentages for specific works and the payment of bills by the respondents to the petitioner.
Finding of the Court:
The court disposed of the writ petition by directing the respondents to pay the principal amount of the bill raised by the petitioner within four weeks. The petitioner was granted liberty to renew the claim regarding the interest aspect after the disposal of the writ appeals. The court clarified the applicability of the Memos to works executed under the 'Mahatma Gandhi National Rural Employment Guarantee Scheme' only. No order as to costs was made.
Issues: The issues involved in the case were related to the deduction percentages for specific works, the payment of bills by the respondents to the petitioner, and the applicability of the Memos to works executed under the 'Mahatma Gandhi National Rural Employment Guarantee Scheme'.
Ratio Decidendi: The court's decision was based on the directions given in a previous order, the interim orders passed by the Division Bench, and the consent of the respective counsels to dispose of the writ petition following a specific Division Bench order. The court also considered the request for liberty to renew the claim regarding the interest aspect after the disposal of the writ appeals.
Final Decision: The writ petition was disposed of with the direction for the respondents to pay the principal amount of the bill raised by the petitioner within four weeks. The petitioner was granted liberty to renew the claim regarding the interest aspect after the disposal of the writ appeals. No order as to costs was made.
JUDGMENT
Battu Devanand, J. - Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. 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 batch 2021 SCC OnLine aP 3084 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.
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 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 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
The court's decision was influenced by the previous order, consent of the counsels, and the clarification provided by the Government Pleader for Panchayat regarding the applicability of certain memos....
The court upheld the rights of the petitioner to receive payment for government works and clarified the applicability of the Memos to specific works under the 'Mahatma Gandhi National Rural Employmen....
The court upheld the rights of the petitioner in a payment dispute, set aside the deduction percentages, and ordered payment of interest at 12% per annum.
The court's decision emphasized the timely payment of bills and clarified the applicability of memos for works executed under the Mahatma Gandhi National Rural Employment Guarantee Scheme.
The court's decision emphasized the importance of timely payment and the applicability of memos to specific works under the Mahatma Gandhi National Rural Employment Guarantee Scheme.
The main legal point established in the judgment is the right of the petitioner to receive payment for the bills submitted, the applicability of the memos to specific works, and the liberty granted t....
The main legal point established in the judgment is the court's authority to direct the payment of bills, set aside deductions, and order payment of interest, while also granting the petitioner liber....
The main legal point established in the judgment is the court's authority to direct the payment of bills, set aside deduction percentages, and order payment of interest, as well as the liberty grante....
The main legal point established in the judgment is the court's authority to direct the payment of bills and the applicability of deduction percentages under the 'Mahatma Gandhi National Rural Employ....
The main legal point established in the judgment is the court's authority to set aside deduction percentages, order payment of interest, and direct compliance with its directions in matters related t....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.