Common order disposing of writ petitions wherein counsel consented to directions to pay principal bill amounts and interest if unpaid, distinguishing the application of specific withdrawal memos to MGNREGA works only.
Respondents directed to pay principal bill amount within six weeks; failure to do so attracts 12% p.a. interest.
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.Nos. 17935, 17943, 17945, 17946 & 17951 of 2022
COMMON ORDER:
Heard learned counsel for the petitioners and learned counsel appearing for the respondents in all the writ petitions and perused the material available on record.
in one of the writ appeals (i.e.) W.A.No.724 of 2021, a Division
1 2021 SCC Online AP 3084
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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.”
“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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Consequently, Miscellaneous Petitions, if any, pending in the Writ Petitions shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
13th July, 2022 cbn
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
(disposed of)
Writ Petition Nos. 17935, 17943, 17945, 17946 & 17951 of 2022
13th July, 2022
cbn
2 issues framed by the court
Whether the withdrawal orders regarding deduction of works charges in payment to petitioners under MGNREGA scheme are applicable to the present cases.
Whether the respondents are directed to pay the principal amount of the bills submitted by the petitioners within the stipulated time.
Colour shows how this judgement treated each authority
Rayapureddy Srinivasa Rao and others vs. Government of Andhra PradeshFollowed¶4
Rayapureddy Srinivasa Rao and others vs. Government of Andhra Pradesh, rep. by its Principal Secretary to Government and others and batch (W.P.No.10038 of 2021
Krishna District Grama Panchayathi Sarpanchla SangamReferred¶17
Krishna District Grama Panchayathi Sarpanchla Sangam (supra)
Petitioners (unnamed in text)
Respondents (unnamed in text)
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
