M/S. Sujay Agro Industry vs The State Of Andhra Pradesh
2022 Latest Caselaw 9354 AP

        HON'BLE DR. JUSTICE K. MANMADHA RAO

                WRIT PETITION No.36802 of 2022

ORDER :

This petition is filed under Article 226 of the

Constitution of India for the following relief:-

"...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 and distributing the machineries/equipments to the respondent authorities by the petitioner even though admitted amounts an amount of Rs.26,12,000/-( Twenty Six Lakhs Twelve Thousan Rupees Only) is illegal, arbitrary violation of principles of natural justice contrary to the Rules 85 Regulations and consequently direct the respondents to pay the admitted amounts of Rs.26,12,000/-( Twenty Six Lakhs Twelve Thousan Rupees Only) with cumilative interest and pass such other order or orders......."

2. The petitioner's firm is running business in the name

and style of M/s Sujay Agro Industry, Kurnool and supplying

the agricultural machinery like Ground Nut Thresher Auto

feeder, Multi Crop Thresher Tractor Model 3 Fans etc. to the

respondent authorities under the scheme of Sub-Mission on

Agricultural Mechanization (SMAM). After supply of the above

machinery, the respodnetns prepared bills and forwarded from

one authority to another authority by duly following procedure

for generating CFMS. Though the equipments supplied to the

farmers the respondent authorities not released the admitted

amount of Rs.26,12,000/- till date. When the supply of the

machinery, it is the obligatory duty of the respondent

authorities to release the admitted amount abruptly without

any delay, however, they have not taken any action. Hence,

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. Learned Government Pleader submits that the

respondent authorities are verifying the claims fo 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 (04) 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 (06) 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. No costs.

As a sequel, all the pending miscellaneous applications

shall stand closed.

______________________________ DR. K. MANMADHA RAO, J.

Date :        06 -12-2022
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      HON'BLE DR. JUSTICE K. MANMADHA RAO




         WRIT PETITION No.36802 of 2022




                Date : 06.12.2022




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