Bapanapalli Subrahmanyam vs The State Of Andhra Pradesh
2022 Latest Caselaw 4968 AP

            HON'BLE SRI JUSTICE K.SURESH REDDY

                           W.P.No.10723 of 2022

ORDER:-

      This writ petition is filed seeking 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 1 and 2 in not releasing the subsidy

amount towards supply of Dasmesh Harvesters Rotavators Oil Engines and other Agriculture implements under Government Schemes of Sub Mission on Agricultural Mechanisation SMAM SMAMCHC Rashtriya Krishi Vikas Yojana RKVY and Pradhan Mantri Krushi Sinchayee Yojana PMKSY schemes for the year 201819 though I submitted representations dated 01092020 21122020 and 10062021 as illegal arbitrary and violation of principles of natural justice and consequently direct the respondents to release subsidy amount of Rs 3,09,98,046/- along with interest towards supply of Dasmesh Harvesters and Shakthiman Rotavators Oil Engines other Agriculture implements under Government Schemes of Sub Mission on Agricultural Mechanisation SMAM SMAMCHC Rashtriya Krishi Vikas Yojana RKVY Pradhan Mantri Krushi Sinchayee Yojana PMKSY schemes for the year 2018-19 and for a consequential direction".

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

Managing Partner of M/s.Sri Vijaya Durga Agro Industries and its

activities is supply of agriculture implements in and around the

districts of Rayalaseema. Further, the contention of the

petitioner is that the Government have to release the subsidy

amount of Rs.3,09,98,046/- 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