Division Bench allowed a writ petition for payment of principal bill amount under MGNREGA scheme without intervening in the separate interest claim due to pending appeals.
To pay the principal bill amount within six weeks; liberty to renew claim for interest after disposal of writ appeals.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO. 6945 OF 2022
ORDER:
Heard learned counsel for the petitioner and the learned counsel appearing for the respondents in writ petition. Perused the material available on record.
1 2021 SCC OnLine AP 3084
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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 6 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.”
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.”
respondents in writ petition had consented to dispose of this writ
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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.
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As a sequel, pending miscellaneous petitions, if any, shall
stand closed. There shall be no order as to costs.
R. RAGHUNANDAN RAO, J.
08.04.2022 CHD
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION NO.6945 OF 2022
Dated: 08th April, 2022
CHD
2 issues framed by the court
Whether the petitioner is entitled to the principal amount of the bill submitted under the Mahatma Gandhi National Rural Employment Guarantee Scheme.
Whether the petitioner can renew its claim for interest separately after the disposal of the pending writ appeals.
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
Krishna District Grama Panchayathi Sarpanchla Sangam (supra)Referred¶15
W.A.Nos.740 and 741 of 2021Referred¶18
Petitioner
Government of Andhra Pradesh (Rep. by Principal Secretary to Government)
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
