Andhra Pradesh High Court - Amravati
M/S. Hindustan Agricultural ... vs The State Of Andhra Pradesh on 6 December, 2022
Bench: K Manmadha Rao
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.36805 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 an appropriate 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 even though admitted amounts an amount of
Rs.9,00,000/- (Nine Lakhs Rupees Only) is illegal, arbitrary,
violation of principles of natural justice contrary to the Rules &
Regulations and consequently direct the respondents to pay the
admitted amounts of Rs.9,00,000/- (Nine Lakhs Rupees Only)
with cumulative interest and to pass such other order or orders
may deem fit and proper in the circumstances of the case."
2. The petitioner's firm is running business in the name and style
of M/s. Hindustan Agricultural Impliments, Kadiri Road,
Ananthapuram, Andhra Pradesh and supplying the agricultural
implements like 60 units of Sub Soiler etc., to the respondent
authorities, under the schemes of Sub-Mission on Agricultural
Mechanization (SMAM), Rashtriya Krishi Vikas Yojana (RKVY) and
Skill Development Programme (SDP). 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.9,00,000/- under the above said schemes. The
petitioner made number of representations for release of the subsidy
amount, 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. 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.36805 OF 2022
06.12.2022
Scs
