M/S. Prakash Engineers vs The State Of Andhra Pradesh
2022 Latest Caselaw 6126 AP

        HON'BLE SRI JUSTICE K.SURESH REDDY

                        W.P.No.25778 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

         "to issue Writ order or direction more particularly one in the
     nature of Writ of Mandamus declaring the action of the respondents in

not paying the Petitioner an amount of Rs.51,42,097/- due towards supply of Rotavators Power Weeder Sprayers Multi Crop Thressers Irrigation pump sets Brushcutters etc and CFMS Nos.2021-1478574 2021-2335854, 2021-2417495 have been returned unpaid and not even considering requisition made by the petitioner to the respondents as illegal arbitrary contrary to the principles of natural justice and in violation of the Art.14,19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.51,42,097/- along with and interest of 24 percent p.a from the date of submission of bills."

2. The contention of the petitioner is that he is doing the

business of manufacturing and supplying machineries to the

agricultural farmers; that he supplied the material to the

farmers under the Government's subsidy scheme of State

Development Plan (SDP) as per the directions of the

respondents and in that process an amount Rs.51,42,097/- 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 05-09-2022.

TSNR