Andhra Pradesh High Court - Amravati
Kothari Agritech Pvt Ltd vs Union Of India on 6 December, 2022
Bench: K Manmadha Rao
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.31273 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 for withholding the admitted amount of
Rs.3,24,01,374/- (Three Crores Twenty Four Lakhs One
Thousand Three Hundred and Seventy Four Rupees Only) is
illegal, arbitrary and violation of Articles 14, 19 and 21 of the
Constitution of India and consequently direct the respondents to
pay Rs.3,24,01,374/- (Three Crores Twenty Four Lakhs One
Thousand Three Hundred and Seventy Four Rupees Only) with
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. Kothari Agritech Pvt Ltd, Saidabad Colony, Saidabad,
Hyderabad, Telangana and supplying the agricultural implements
like PVC water carrying pipes, Drip Irrigation Lateral LLDPE Pipes,
Sprinkler Irrigation HDPE Pipes and other Irrigation Accessary
Equipment etc., to the respondent authorities, under the scheme of
Pradhan Mantri Krishi Sinchayee Yojana (PMKSY). 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.3,24,01,374/- 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.31273 OF 2022
06.12.2022
Scs
