Andhra Pradesh High Court - Amravati
M/ S. Srinivasa Enterprises vs The State Of,Andhra Pradesh on 16 December, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.38351 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 in not releasing the amount for supplying
the machineries/equipments to the respondent authorities by the
petitioner even though admitted amount is Rs.38,35,650/- (Thirty
Eight Lakhs Thirty Five Thousand Six Hundred and Fifty Rupees
Only) is illegal, arbitrary, unjust, unfair and violation of principles
of natural justice, contrary to the Rules and Regulations and
consequently, direct the Respondents to pay admitted amounts of
Rs.38,35,650/- (Thirty Eight Lakhs Thirty Five Thousand Six
Hundred and Fifty Rupees Only) with cumulative 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 Powered Knapsack Sprayer, etc., to
the farmers as per the directions issued by the respondents from
time to time under the scheme of SMAM, RKVY, PMKVY, Rythu
Radham, SDP GROUP, for which, the Government has to pay the
amount. But, the respondent authorities withheld the subsidy
amount of Rs.38,35,650/-, 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: 16.12.2022
HS
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.38351 OF 2022
Date: 16.12.2022
HS
