Malempati Ramesh Babu vs The State Of Andhra Pradesh,
2022 Latest Caselaw 6605 AP

             HON'BLE SRI JUSTICE K.SURESH REDDY

                  Writ Petition No.26078 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 in not releasing the amount of Rs.53,75,650/- for

supplying John Deere Tractors and other machineries/equipments to the respondent authorities by the petitioner, even though admitted amount of Rs.53,75,650/-, is illegal, arbitrary, violation of principles of natural justice, contrary to the Rules & Regulations and consequently direct the respondents to pay the admitted amount of Rs.53,75,650/-, with interest"

2. The petitioner is the Managing Partner of M/s. Pruthvi Motor

Cycles and supplied John Deere Tractors and other agricultural

implements to the respondent authorities, under the schemes of Sub-

Mission on Agricultural Mechanization (SMAM) and Rastriya Krishi

Vikasa Yojana (RKVY), for which, the government has to release the

subsidy amount. But, the respondents withheld the subsidy amount

of Rs.53,75,650/- under the above said schemes. The petitioner made

number of representations for release of subsidy, but no action has

been taken. Aggrieved by the same, the petitioner filed the present

writ petition.

3. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner is entitled for payment of

the aforesaid sum 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. He further submits that having

approved the bills with CFMS token numbers, non-payment of bill

amount is arbitrary and illegal.

4. 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.

5. 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.

6. 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 costs.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed.

_______________ K.SURESH REDDY,J 8th day of September,2022 RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 26078 of 2022

Dated: 08.09.2022

RPD