Andhra Pradesh High Court - Amravati
Sri Satya Krishna Agro Feeds vs The State Of Andhra Pradesh on 9 November, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.29378 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 admitted amount of
Rs.39,70,547/- for supplying Silage Bales to the respondents,
even though issuing Sanction Proceedings in
Roc.No.ASLYSR11/SRE1105/2019-20/SIL/NOV/0044, dated
05.11.2019 ii) Proceedings Roc.No. ASLYSR11/SRE1105/2019-
20/SIL/NOV/0047, dated 05.11.2019, ASLYSR11/SRE1105/2019-
20/SIL/NOV/0045, dated 05.11.2019, through the firm of the
petitioner, is illegal, arbitrary, and consequently direct the
respondents to pay total bill amount of Rs.39,70,547/-, with 24%
interest per annum to the petitioner"
2. The petitioner's firm is running business in the name and style
of Sri Satya Krishna Agro Feeds, Rajahmundry, East Godavari District,
and supplying Silage Bales to farmers for feeding animals for the
growth of Animal Husbandry and Dairy Development under a scheme.
The petitioner's firm has supplied Silage Bales to farmers for an
amount of Rs.53,82,297/- and he received beneficiary amount of
Rs.14,11,750/-, for the remaining amount of Rs.39,70,547/-,
respondents issued above three sanction proceedings. But, the
respondents did not pay the admitted amount of Rs.39,70,547/-. 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 tokens were also
generated, vide CFMS Token Nos.2021-1617996 and 2022-283034 and
waiting for fund clearance.
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 pay the amounts due to the petitioner
within a period of eight(8) weeks from the date of receipt of a copy
of this order. 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
9th day of November,2022
RPD
HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 29378 of 2022
Dated: 09.11.2022
RPD
