Bapanapalli Veera Surendra vs The State Of Andhra Pradesh,

Citation : 2022 Latest Caselaw 4969 AP
Judgement Date : 3 August, 2022

Andhra Pradesh High Court - Amravati
Bapanapalli Veera Surendra vs The State Of Andhra Pradesh, on 3 August, 2022
Bench: K Suresh Reddy
        HON'BLE SRI JUSTICE K.SURESH REDDY

                      W.P.No.8846 of 2022

ORDER:-

     This writ petition is filed seeking the following relief:-

           "Writ Order or direction more particularly one in the nature of
     Writ of Mandamus declaring the action of the respondents 1 and 2 in

not releasing the subsidy amount towards supply of KUBOTA Mini Tractors Harvesters and Shakthiman Rotavators Oil Engines other Agriculture implements under Government Schemes of Sub Mission on Agricultural Mechanization SMAM SMAMCHC Rashtriya Krishi Vikas Yojana RKVY Rythu Ratham and Pradhan Mantri Krushi Sinchayee Yojana PMKSY schemes for the year 2018-19 though I submitted representations dated.01/09/2020, 21/12/2020 and 10/06/2021 as illegal arbitrary and violation of principles of natural justice and consequently direct the respondents to release subsidy amount of Rs.7,92,20,190/- along with interest towards supply of KUBOTA Mini Tractors Harvesters and Shakthiman Rotavators Oil Engines other Agriculture implements under Government Schemes of Sub Mission on Agricultural Mechanisation SMAM SMAMCHC Rashtriya Krishi Vikas Yojana RKVY Rythu Ratham and Pradhan Mantri Krushi Sinchayee Yojana PMKSY schemes for the year 2018-19"

2. The contention of the petitioner is that the petitioner is a Proprietor of Sri Satyanarayanaswamy Agro Enterprises and its activities is supply of agriculture implements to the farmers in YSR Kadapa district. Further, the contention of the petitioner is that the Government have to release the subsidy amount of Rs.7,92,20,190/- for the year 2018-2019 towards supply of agriculture implements under various Government Schemes. Further, it is the contention of the learned counsel for the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sums of money, no payment is being made and such non-payment of 2 money is clearly arbitrary and high-handed and thereby requires interference by this court.

3. This court, in various orders, including the judgment of a learned single Judge of this court, dated 05-10-2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

4. The learned Government Pleader submits that the respondents-authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is being completed.

5. In view of the aforesaid directions of this court in various cases and after hearing both sides, this writ petition is disposed of with a direction to the respondents to complete the verification process within a period of three(3) weeks from the date of receipt of a copy of this order and thereafter to pay the amounts due to the petitioner depending upon the outcome of the verification within a period of six(6) weeks. It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents in an appropriate forum.

No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_______________ K.SURESH REDDY,J 03-08-2022.

TSNR