Andhra Pradesh High Court - Amravati
Narlapuram Rajesham vs The State Of Andhra Pradesh, on 10 October, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.30396 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 1 and 2 in not
releasing the subsidy amount of
Rs.42,62,601/- towards supply of John Deere
Tractors and agriculture implements under
Rashtriya Krishi Vikas Yojana (RKVY) Sub Mission
on Agricultural Mechanisation (SMAM) and Rythu
Radham for the year 2017-18 and 2018-19 inspite
of receiving the company's representation
dated.21.07.2020 and mere generating the CFMS
tokens as illegal arbitrary and violation of
principles of natural justice and consequently
direct the respondents to release subsidy amount
of Rs.42,62,601/- along with interest towards
supply of John Deere Tractors and agriculture
implements under Rashtriya Krishi Vikas Yojana
RKVY Sub Mission on Agricultural Mechanisation
SMAM and Rythu Radham for the year 2017-18
and 2018-19."
2. The contention of the petitioner is that he is doing the
business for supply of Tractors and agricultural implements to
agricultural farmers; that he supplied the John Deere Tractors
and agricultural implements to the farmers as per the
directions of the respondents and in that process an amount
of Rs.42,62,601/- has to be paid by the respondents. Further,
it is the contention of the petitioner that even though the
respondents admitted that the petitioner is entitled for
payment of the aforesaid amount, no payment is being made.
The petitioner contends that such non-payment of money is
clearly arbitrary and high-handed requiring the interference of
this court.
3. 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.
4. 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.
5. 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 order as to costs. Miscellaneous Petitions, if any,
pending in this writ petition shall stand closed.
_______________
K.SURESH REDDY,J
10-10-2022.
TSNR
