Meenakshi Agricultural And ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8238 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                WRIT PETITION No.32281 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 pending subsidy amount of Rs. 59,37,322/- (Rupees fifty nine lakhs, thirty seven thousand and three hundred and twenty tow only) for the years 2018-19 towards supply of Power Tillers, Mini Tractors under SMAM, RKVY Subsidy Schemes, as illegal, arbitrary and against the principles of natural justice, and consequently direct the respondents to release the subsidy amount of Rs. 59,37,322/- (Rupees fifty nine lakhs, thirty seven thousand and three hundred and twenty tow only)with interest forthwith towards supply of Power Tillers, Mini Tractors and Power Reapers under SMAM, RKVY Subsidy Schemes for the years 2018- 19 and pass such other orders...."

2. Heard Mr. Seshadri Goalla, learned counsel for the

petitioner; learned Government Pleader for Agriculture for the

respondents 1 and 3 and learned Government Pleader for Finance

for the 2nd respondent.

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

petitioner's firm supplied Power Tillers, Mini Tractors supplied 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 RKVY 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. 59,37,322/-, 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: 01.11.2022

KK

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.32281 OF 2022

Date: 01.11.2022

KK