Andhra Pradesh High Court - Amravati
M/S. Sri Nava Durga Agro Works, vs The State Of Andhra Pradesh, on 6 December, 2022
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31112 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 of Rs.29,20,610/- (Twenty Nine Lakhs Twenty
Thousand Six Hundred and Ten 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 86 Regulations and
consequently direct the Respondents to pay admitted
amount of Rs.29,20,610/- (Twenty Nine Lakhs Twenty
Thousand Six Hundred and Ten Rupees Only) with
cumulative interest and pass such other order or
orders......."
2. The petitioner's firm is running business in the name
and style of M/s Sri Nava Durga Agro Works, Rajam Mandal,
Srikakulam District, by manufacturing, distributing and
supply of machinery i.e., tractors to the beneficiaries/farmers
as per the list prepared by the competent authority 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 admitted amount.
But, the respondents withheld the subsidy amount of
Rs.29,20,610/- under the above said scheme. The petitioner
made number of representations for release of the admitted
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. Learned Government Pleader submits that the
respondent 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 (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
Gvl
HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.31112 of 2022
Date : 06.12.2022
Gvl
