Andhra Pradesh High Court - Amravati
Sri Kamalapriya Agro And General ... 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.24150 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 pending subsidy amount of
Rs.1,21,20,798/- (Rupees One Crore Twenty-one Lakhs Twenty
Thousand and Seven Hundred and Ninety-Eight only) for the
years 2018-2019 towards supply of power tillers, Mini Tractors
and power reapers under SMAM, RKVY Subsidy Schemes, as
illegal, arbitrary and against the principles of natural justice
and consequently direct the respondents to release the pending
subsidy amount of Rs.1,21,20,798/- (Rupees One Crore
Twenty-one Lakhs Twenty Thousand and Seven Hundred and
Ninety-Eight only) for the years 2018-2019 towards supply of
power tillers, Mini Tractors and power reapers under SMAM,
RKVY Subsidy Schemes, immediately 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. Kamalapriya Agro and General Agencies, Kakinada Town,
Kakinada District, and supplying the agricultural implements like
power tillers, Mini Tractors and power reapers etc., to the respondent
authorities, under the schemes of Sub-Mission on Agricultural
Mechanization (SMAM) and Rashtriya Krishi Vikas 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.1,21,20,798/- 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.24150 OF 2022
06.12.2022
Scs
