M.Sesha Chalapathi Raju vs The State Of Andhra Pradesh,
2022 Latest Caselaw 6639 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                    W.P.No.26077 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 1 and 2 in not releasing the subsidy amount of

Rs.39,70,000/- towards supply of Swaraj Tractors and Agriculture implements under Rythu Radham, CRC & Sub Mission on Agricultural Mechanization (SMAM) for the year 2017-18 to 2019-20, inspite of receiving the company's representations, dated. 01-09-2020, 21-12-2020 10-06-2021 and 16-11-2021, as illegal, arbitrary, violation of principles of natural justice contrary to the Rules and Regulations and consequently direct the respondents to release the subsidy amount of Rs.39,70,000/- with cumulative interest."

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

business for supply of machineries to the farmers; that he

supplied the material to the farmers as per the directions of

the respondents and in that process an amount of

Rs.39,70,000/- towards subsidy, 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 09-09-2022.

TSNR