M/S Sri Sai Kiran Engineeering ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 5807 AP

                 HON'BLE SRI JUSTICE K.SURESH REDDY

                       Writ Petition No.25544 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 of Rs.9,74,670/- for supplying the machineries/equipments to the respondent authorities by the petitioner, through his firm, even though admitted amount of Rs.9,74,670/-, is illegal, arbitrary, violation of principles of natural justice, contrary to the Rules & Regulations and consequently direct the respondents to pay the admitted amount of Rs.9,74,670/-, with cumulative interest"

2. The petitioner's firm is running business in the name and style of

M/s. Sri Sai Kiran Engineering Works, Kumaram, Vizianagaram, and

supplying the agricultural implements like Rotavators, Multi Crop

Threshers, Power Tillers etc., to the respondent authorities, under the

schemes of Sub-Mission on Agricultural Mechanization (SMAM) and

Rastriya Krishi Vikasa Yojana (RKVY). The petitioner's firm has supplied

Agricultural implements, for which, the government has to release the

subsidy amount. But, the respondents withheld the subsidy amount of

Rs.9,74,670/- under the above said schemes. The petitioner made

number of representations for release of subsidy, 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. 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.

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(4) 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

costs.

Miscellaneous Petitions, if any, pending in this writ petition shall

stand closed.

_______________ K.SURESH REDDY,J 30th day of August,2022 RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 25544 of 2022

Dated: 30.08.2022

rpd