Bharath Farm Equipments vs The State Of Andhra Pradesh
2022 Latest Caselaw 6132 AP

      HON'BLE SRI JUSTICE K.SURESH REDDY

                  W.P.No.20550 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    for   not   taking   any   action   for

processing and releasing the admitted amounts even though the petitioner supplied the Tractors, Sprayers and Threshers for a tune of Rs.1,03,91,530/- with interest, is illegal, arbitrary and Article 14, 19 and 21 of the constitution of India and consequently direct the respondents for payment of amount Rs.1,03,91,530/- with interest within stipulated time."

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

a Proprietor of Bharath Farm Equipments and its activities is

supply of agriculture implements in and around Kurnool

district; that he supplied the material to the farmers under

the Government's subsidy scheme of State Level and District

Project Management Unit (DPMU) as per the directions of the

respondents and in that process an amount Rs.1,03,91,530/-

has to be paid by the respondents;. Further, it is the

contention of the learned counsel for the petitioner that even

though the respondents admitted that the petitioner is

entitled for payment of the aforesaid sums 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.

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