Andhra Pradesh High Court - Amravati
Varalakshmi Automobiles Pvt. ... vs The State Of Andhra Pradesh, on 1 November, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.25826 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"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.29,95,200/- for
supplying eight four Wheeler (Mini) Transportation Vehicles to
the beneficiary fishermen under SCC, STC and BCC Action plan
from 2017-2018 through the firm of the petitioner, is illegal,
arbitrary, and consequently direct the respondents to pay the
admitted amount of Rs.29,95,200/-, with 18% interest per annum
to the petitioner"
2. The petitioner's firm is running business in the name and style
of Varalakshmi Automobiles Private Limited, and supplying four
Wheeler (Mini) Transportation Vehicles to the beneficiary fishermen
under Fisheries Sector for Schedules Caste Component (SCC),
Schedules Tribe Component (STC) and Backward Class Component
(BCC) Action plan from 2017-2018. The petitioner's firm has supplied
eight four wheeler vehicles to the beneficiary Fishermen under the
above said schemes in accordance with the beneficiary list provided
by the respondents. But, the respondents did not release the
admitted amount of Rs.29,95,200/- under the above said schemes.
Even though, the petitioner made number of representations for
release of amount, no action has been taken by them. 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. 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.
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(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
his/her/their claim for interest, if any payable by the respondents in
an appropriate forum. No costs.
Miscellaneous Petitions, if any, pending in this writ petition
shall stand closed.
_______________
K.SURESH REDDY,J
1st day of November,2022
RPD
HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 25826 of 2022
Dated: 01.11.2022
RPD
