Single Judge holds that principal bill amount must be paid within four weeks by applying Division Bench directions on coordinate bench pending writ appeals, while liberty taken to renew claim regarding interest interest payment.
Directed respondents to pay principal bill amount within 4 weeks; liberty given to renew interest claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.309 of 2022 .
O R D E R:-
Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. Perused the material available on record.
Pradesh, rep. by its Principal Secretary to Government
and others and batch1 in which the writ petitions were
allowed with the following directions:
1 2021 SCC OnLine AP 3084
2
“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.”
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.”
3
4
The Respondents shall pay the principal amount of the bill raised by the writ petitioner within a period of four (4) weeks.
Miscellaneous petitions pending, if any, in this case shall stand closed.
______________________________ JUSTICE BATTU DEVANAND
Date : 06.01.2022 Note: Issue CC by tomorrow. B/o KLPD
5
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.309 of 2022
Date :06.01.2022
KLPD
2 issues framed by the court
Whether to remit the principal bill amount when interest aspect to be clarified via other pending appeals.
Scope of application of government Memos regarding Mahatma Gandhi National Rural Employment Guarantee Scheme works.
Petitioner(s)
Respondents
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
