Pioneer Auto Service vs The State Of Andhra Pradesh
2022 Latest Caselaw 4956 AP

          HON'BLE SRI JUSTICE K.SURESH REDDY

                       W.P.No.18667 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
     respondents in not releasing the subsidy amount of

Rs.64,17,841/- towards supply of Mahindra Tractors under the Government Schemes of Sub Mission on Agricultural Mechanization SMAM Custom Hiring Centre CHC and Rythu Radham RR for the year 2019 through the petitioner's firm as illegal, arbitrary, unjust, unreasonable and unconstitutional being violative of Articles 14 and 21 of Constitution of India and consequently, direct the respondents 1 to 3 to pay amounts due to petitioner in respect of supply of said tractors forthwith along with accrued interest at 18% p.a"

2. The contention of the petitioner is that the petitioner is a

Managing Partner of Pioneer Auto Service and its activities is

supply of agriculture implements in and around Prakasam

district. Further, the contention of the petitioner is that the

Government have to release the subsidy amount of

Rs.64,17,841/- for the year 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 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