P.B. Enterprises, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 6133 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                      W.P.No.17658 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 Respondents for

not taking any action for processing and releasing the admitted amounts even though the petitioner supplied the Agriculture implements for a tune of Rs.13,31,740/- and an amount of Rs.12,38,820/-, total amount is Rs.25,70,560/- with interest is illegal arbitrary and Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the amount of Rs.25,70,560/- with interest within stipulated time."

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

a Proprietor of Sri P.B.Enterprises and its activities is supply of

agriculture implements in and around Srikakulam and

Machilipatnam districts; that he supplied the material to the

farmers under the Government's subsidy scheme Cashew

Rejuvenation Programme and Canopy Management (Mango,

Guava & Acid Lime) as per the directions of the respondents

and in that process an amount Rs.25,70,560/- 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