HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31112 of 2022
ORDER :
This petition is filed under Article 226 of the Constitution of India for the following relief:-
"...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 amount of Rs.29,20,610/- (Twenty Nine Lakhs Twenty Thousand Six Hundred and Ten Rupees Only) for supplying the machineries/equipments to the Respondent authorities by the petitioner even though admitted amounts is illegal arbitrary unjust unfair and violation of principles of natural justice contrary to the Rules 86 Regulations and consequently direct the Respondents to pay admitted amount of Rs.29,20,610/- (Twenty Nine Lakhs Twenty Thousand Six Hundred and Ten Rupees Only) with cumulative interest and pass such other order or orders......."
2. The petitioner's firm is running business in the name and style of M/s Sri Nava Durga Agro Works, Rajam Mandal, Srikakulam District, by manufacturing, distributing and supply of machinery i.e., tractors to the beneficiaries/farmers as per the list prepared by the competent authority under the scheme of Sub-Mission on Agricultural Mechanization (SMAM). The petitioner's firm has supplied Agricultural implements, for 2 which, the Government has to release the admitted amount. But, the respondents withheld the subsidy amount of Rs.29,20,610/- under the above said scheme. The petitioner made number of representations for release of the admitted 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.
5. Learned Government Pleader submits that the respondent authorities are verifying the claims of the petitioner 3 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 (04) 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 (06) 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 costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
______________________________ DR. K. MANMADHA RAO, J.
Date : 06 -12-2022 Gvl 4 HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.31112 of 2022 Date : 06.12.2022 Gvl 5