Citation : 2022 Latest Caselaw 4960 AP
Judgement Date : 3 August, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.21008 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
of Rs.3,28,00,000/- only towards supply of Harvesters under the Government Schemes of Rashtriya Krishi Vikas Yojana RKVY for the year 2018-19 inspite of receiving the petitioners firm representations, dated.01/09/2020, 21/12/2020, 10/06/2021 and 16/11/2021 and mere generating the CFMS tokens vide 148174 and 148214 as illegal arbitrary and violation of principles of natural justice and consequently direct the respondents to release subsidy amount of Rs.3,28,00,000/- along with interest towards supply of Harvesters under Government Scheme of Rashtriya Krishi Vikas Yojana RKVY for the year 2018- 2019".
2. The contention of the petitioner is that the petitioner is a
Managing Partner of M/s.Ujwala Harvesters Corporation and its
activities is supply of agriculture implements to the farmers.
Further, the contention of the petitioner is that the Government
have to release the subsidy amount of Rs.3,28,00,000/- 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 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
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