Andhra Pradesh High Court - Amravati
M/S. Balaji Agro, vs The State Of Andhra Pradesh, on 8 September, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.26122 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.1,53,70,051/- for
supplying of Harvesters, Tractors, Multi Crop Threshers, Mini
Tractors, Power Tillers etc., machineries/equipments to the
respondent authorities by the petitioner, through his firm, even
though admitted amount of Rs.1,53,70,051/-, 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.1,53,70,051/-, with [email protected] 24 % p.a.,
from the date of submission of bills"
2. The petitioner's firm is running business in the name and style
of M/s. Balaji Agro, Beside Ayyappa Temple, Nellore, SPSR Nellore
District, and supplying the agricultural implements like Harvesters,
Tractors, Multi Crop Threshers, Mini Tractors, Power Tillers etc., to
the respondent authorities, under the schemes of Sub-Mission on
Agricultural Mechanization (SMAM) and Rastriya Krishi Vikasa Yojana
(RKVY). The petitioner's firm has supplied Agricultural implements,
for which, the government has to release the subsidy amount. But,
the respondents withheld the subsidy amount of Rs.1,53,70,051/-
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.26122 of 2022
Dated: 08.09.2022
RPD
