Single Judge clarified applicability of specific Memos to MGNREGA schemes only. Issued direction to respondents to pay principal bill amount within six weeks. Stipulated 12% per annum interest for delays.
Direct respondents to pay principal bill amount within six weeks. Petitioner entitled to interest at 12% p.a. if payment defaults.
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.
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 19820 of 2022
ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, learned Assistant Government Pleader for Finance and Planning, and learned standing counsel for Gram Panchayat. Perused the material available on record.
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.”
“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
Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
11th July, 2022 cbn
5
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
(disposed of)
Writ Petition No. 19820 of 2022
11th July, 2022
cbn
6
2 issues framed by the court
Whether the Memos issued for deduction of percentage are applicable to works under Mahatma Gandhi National Rural Employment Guarantee Scheme.
Whether respondents are directed to pay the principal amount of bills raised by the writ petitioner within stipulated time along with interest upon default.
Colour shows how this judgement treated each authority
Rayapureddy Srinivasa Rao and others vs. Government of Andhra PradeshDistinguished¶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 Sangam (supra)Relied on¶14
W.A.Nos.740 and 741 of 2021Followed¶20
Petitioner
Government of Andhra Pradesh
Gram Panchayat
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
