Sri Lakshmi Ganapathi ... vs The State Of Ap
2022 Latest Caselaw 9841 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                    WRIT PETITION No.39139 OF 2022

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India, seeking the following relief:

".....to issue a 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 machinerities/ equipments to the respondents authorities by the petitioner even though admitted amount is Rs. 50,22,782/- (Fifty Lakhs Twenty Two Thousand Seven Hundred and Eighty Two Rupees only) as illegal, arbitrary, unjust, unfair and vilative of principles of natural justice, contrary to the Rules and Regulations and consequently, direct the respondents to pay the admitted amounts of Rs.15,69,064/- (Fifteen Lakhs Sixty Nine Thousand and Sixty Four rupees only) with cumulative interest and to pass such other orders...."

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

the petitioner; learned Government Pleader for Agriculture for the

respondents 1 and 3 and learned Government Pleader for Finance

and Planning for the 2nd respondent.

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

petitioner's firm supplied machineries to the farmers as per the

directions issued by the respondents from time to time under the

scheme of Sub-Mission on Agriculture Mechanization (SMAM) and

other Subsidy Schemes. The petitioner's firm has supplied

Agriculture implements, for which, the Government has to pay the

amount. But, the respondent authorities withheld the subsidy

amount of Rs.15,69,064/-, 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 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: 23.12.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.39139 OF 2022

Date: 23.12.2022

KK