M/S.Eswar Agro Tractors vs The State Of Andhra Pradesh
2022 Latest Caselaw 9706 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                WRIT PETITION NO.38353 OF 2022

ORDER:

This Writ Petition is filed, under Article 226 of the

Constitution of India, seeking 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 for withholding the admitted amount even though Generated CFMS Rs.38,67,973/- ( Thirty Eight Lakhs Sixty Seven Thousand Nine Hundred and Seventy Three Rupees Only) is illegal, arbitrary and violation of Article 14, 19 and 21 of Constitution of India and consequently direct the Respondents to pay Rs.38,67,973/- ( Thirty Eight Lakhs Sixty Seven Thousand Nine Hundred and Seventy Three Rupees Only) with interest."

2. Heard Mr. Dasari S.V.V.S.V.Prasad, learned counsel for the

petitioner; learned Government Pleader for Agriculture, appearing

for the respondents 1 and 3, and learned Government Pleader for

Finance and Planning, appearing for the 2nd respondent.

3. Brief facts of the case of the petitioner is that the petitioner's

firm supplied machineries like Eicher Tractors, etc., to the farmers

as per the directions issued by the respondents from time to time

under the scheme of SMAM, Rythu Radham, CHC Groups, for

which, the Government has to pay the amount. But, the

respondent authorities withheld the subsidy amount of

Rs.38,67,973/-, which the petitioner's firm is entitled to. The

respondents did not initiate any action to pay the same to the

petitioner, which is illegal and arbitrary. Hence the writ petition

came to be filed.

4. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner's firm 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.

5. 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 needs to be

cleared by the respondents at the earliest.

6. 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.

7. In view of the aforesaid directions of this court in various

cases and after hearing both sides, this Court is inclined to dispose

of the writ petition 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 their claim for interest, if any payable by

the respondents in an appropriate forum. No costs.

8. In view of the foregoing discussion, the Writ Petition is

disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall

also stand closed.

___________________________ DR.K. MANMADHA RAO, J

Date: 13.12.2022 HS

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.38353 OF 2022

Date: 16.12.2022

HS