M/S. Venkata Sai Tractors Firm ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 9343 AP

         THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                 WRIT PETITION NO.32664 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 of Rs.46,46,450/-

(Fourty Six Lakhs Fourty Six Thousand Four Hundred and Fifty Rupees Only) for supplying the machineries/equipments to the Respondent authorities by the petitioner even though admitted amounts is illegal, arbitrary, unjust, unfair and violation of principles of natural justice contrary to the Rules & Regulations and consequently direct the Respondents to pay admitted amount of Rs.46,46,450/- (Fourty Six Lakhs Fourty Six Thousand Four Hundred and Fifty 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. Venkata Sai Tractors Firm Equipments, Sanjeeva Nagar,

Nandyal, Kurnool District, Andhra Pradesh, and supplying the

agricultural implements like Metsubashi Mini Tractors etc., to the

respondent authorities, under the scheme of Sub-Mission on

Agricultural Mechanization (SMAM). 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.46,46,450/- under the above said scheme.

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.32664 OF 2022

06.12.2022

Scs