Andhra Pradesh High Court - Amravati
Sri Som Sai Agencies vs State Of Andhra Pradesh on 6 December, 2022
Bench: K Manmadha Rao
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.36929 OF 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"It is therefore prayed that this Hon'ble Court may be pleased
to issue a writ or direction more particularly one in the nature of
Writ of Mandamus declaring the action of the respondents in not
paying the admitted pending subsidy bill amount of
Rs.1,11,30,539/- (One Crore Eleven lakhs thirty thousand five
hundred thirty-nine only) for supply of the Farm Machinery i.e.,
Tractors and Rotovators during 2017-18 and 2018-19 under
different schemes viz., RythuRadham, SMAM-individual
implements, SMAM-CHCS AND RKVY-CHCs even after
finalizing the bills as illegal, arbitrary, unconstitutional and
violative of Articles 14, 19 and 21 of Constitution of India and
consequently direct the respondents herein to immediately pay
the admitted pending subsidy bill amount of Rs.1,11,30,539/-
(One Crore Eleven lakhs thirty thousand five hundred thirty-nine
only) for supply of the Farm Machinery i.e., Tractors and
Rotovators under RythuRadham and other Schemes for the
Agriculture department by the petitioners with an interest of
18% per annum and pass such other order or orders may deem
fit and proper in the circumstances of the case."
2. The petitioner No.1 Agency is running business in the name
and style of M/s. Soma Sai Agencies, Railway Station Road,
Tadepalligudem, West Godavari District, and supplying the
agricultural implements like Tractors and Rotovators etc., to the
respondent authorities, under the schemes of Rythu Radham, Sub-
Mission on Agricultural Mechanization (SMAM)-individual
implements, Sub-Mission on Agricultural Mechanization (SMAM)-
CHCs and Rashtriya Krishi Vikas Yojana (RKVY)-CHCs. The
petitioner No.1 Agency has supplied Agricultural implements, for
which, the government has to release the subsidy amount. But, the
respondents withheld the subsidy amount of Rs.1,11,30,539/- under
the above said schemes. The petitioners made number of
representations for release of the subsidy amount, but no action has
been taken. Aggrieved by the same, the petitioners filed the present
writ petition.
3. Learned counsel for the petitioners submits that even though
respondents admitted that the petitioners are 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 petitioners
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 petitioners
depending upon the outcome of the verification within a period of
six(6) weeks. It would also be open to the petitioners to agitate
his/her/their claim for interest, if any payable by the respondents in
an appropriate forum. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any,
pending in this Writ Petition, shall stand closed.
___________________________
Dr. K. MANMADHA RAO, J
Date: 06.12.2022
Scs
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.36929 OF 2022
06.12.2022
Scs
