M/S. Berachah Enterprise, vs The State Of Andhra Pradesh
2022 Latest Caselaw 6257 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                     W.P.No.26374 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

         "Writ   of Mandamus declaring the act on of the
     respondents more particularly respondent No.5 in not

paying the Petitioner an amount of Rs.4,36,905/- for Supplies of Crop Cutting Equipment Kits to Agricultural Department Srikakulam, 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.4,36,905/- only forthwith along with 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 Crop Cutting

Experiment Kits to the farmers as per the directions of the

respondents and in that process an amount of Rs.4,36,905/-

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 06-09-2022.

TSNR