THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.24150 OF 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"It is therefore prayed that this Hon'ble Court may be pleased
to issue an appropriate writ, order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of
the respondents in not releasing the pending subsidy amount of
Rs.1,21,20,798/- (Rupees One Crore Twenty-one Lakhs Twenty Thousand and Seven Hundred and Ninety-Eight only) for the years 2018-2019 towards supply of power tillers, Mini Tractors and power reapers under SMAM, RKVY Subsidy Schemes, as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to release the pending subsidy amount of Rs.1,21,20,798/- (Rupees One Crore Twenty-one Lakhs Twenty Thousand and Seven Hundred and Ninety-Eight only) for the years 2018-2019 towards supply of power tillers, Mini Tractors and power reapers under SMAM, RKVY Subsidy Schemes, immediately and to pass such other order or orders may deem fit and proper in the circumstances of the case."
2. The petitioner's firm is running business in the name and style of M/s. Kamalapriya Agro and General Agencies, Kakinada Town, Kakinada District, and supplying the agricultural implements like power tillers, Mini Tractors and power reapers etc., to the respondent authorities, under the schemes of Sub-Mission on Agricultural 2 Mechanization (SMAM) and Rashtriya Krishi Vikas Yojana (RKVY). The petitioner's firm has supplied Agricultural implements, for which, the government has to release the subsidy amount. But, the respondents withheld the subsidy amount of Rs.1,21,20,798/- under the above said schemes. The petitioner made number of representations for release of the subsidy amount, but no action has been taken. Aggrieved by the same, the petitioner filed the present writ petition.
3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this court. He further submits that having approved the bills with CFMS token numbers, non-payment of bill amount is arbitrary and illegal.
4. 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.
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5. 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.
6. 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 four(4) 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. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.
___________________________ Dr. K. MANMADHA RAO, J Date: 06.12.2022 Scs 4 126 THE HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO.24150 OF 2022 06.12.2022 Scs