Somadhara Automotives, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4967 AP

        HON'BLE SRI JUSTICE K.SURESH REDDY

                         W.P.No.18124 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 in not releasing the amount for supplying the

machineries/equipments to the respondent authorities by the petitioner for the total bills amount of Rs.31,60,154/- vide supply of machineries, I 2 wheel drive No 8 each one Rs 1,50 000/ subsidy amount 4 wheel drive No 16 each one Rs 2,00,000/- under Rythu Radham Scheme of A.P. State for the year 2018-19 for total balance amount of Rs 24,50,000/ II 4 wheeler tractor No 1 for Rs 3,86, 400/ Rotopuddler 1 for Rs 46,400/ for total amount Rs. 4,32,400/ under Customer Hiring Centre for the year 2018 2019 III Rotopuddlers for Rs 2,77,754/ under the scheme of SMAM with CFMS No 207400/2021 is illegal arbitrary unjust unfair and violation of principles of natural justice contrary to the Rules and Regulations and consequently direct the Respondents to pay the total bills amount of Rs.31,60,154/-"

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

Managing Partner of Somadhara Automotives and its activities is

supply of agriculture implements in and around the Andhra

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

Government have to release the subsidy amount of

Rs.31,60,154/- for the years 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