The Court clarified the applicability of specific government Memos regarding deduction percentages to works under MGNREGA, allowing the petitioner via a direction to pay principal bills and interest within six weeks.
Direction to pay principal bills within 6 weeks; default attracts 12% interest.
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 14565 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for the respondents. Perused the material available on record.
1 2021 SCC Online AP 3084
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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.”
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“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.”
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for the works executed under “Mahatma Gandhi National Rural Employment Guarantee Scheme”.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
04.07.2022 BSP
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.14565 of 2022
Dated: 04.07.2022
BSP
2 issues framed by the court
Whether the Memos No.1263069/RD.II/A1/2020 and No.1388361/RD.II/A1/2021 are applicable to works executed under Mahatma Gandhi National Rural Employment Guarantee Scheme?
Whether the petitioner is entitled for principal amount of bills and interest within stipulated time?
Colour shows how this judgement treated each authority
Rayapureddy Srinivasa RaoDistinguished¶5
Rayapureddy Srinivasa Rao and others vs. Government of Andhra Pradesh, rep. by its Principal Secretary to Government and others and batch
Krishna District Grama Panchayathi Sarpanchla SangamReferred¶16
Krishna District Grama Panchayathi Sarpanchla Sangam
Petitioner
Respondents
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
