Andhra Pradesh High Court - Amravati
Siva Naga Sonalika Tractors vs The State Of Andhra Pradesh on 23 September, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.28938 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"WRIT OF MANDAMUS declaring the action of
respondents in not releasing the subsidy amount of
Rs.24,92,000/- towards supply of Sonalika Tractors under
the Government Schemes of Sub Mission on Agricultural
Mechanization SMAM and Custom Hiring Centre (CHC) for the
year 2018-19 through the petitioners firm as illegal,
arbitrary, unjust unreasonable and unconstitutional being
violative of Articles.14 and 21 of Constitution of India and
consequently direct the respondents to pay amounts due to
petitioner in respect of supply of said tractors forthwith along
with accrued interest at 18% per annum."
2. The contention of the petitioner is that he is doing the
business for supply of Sonalika Tractors under the various
Government schemes; that he supplied the Tractors to the
farmers as per the directions of the respondents and in that
process an amount of Rs.24,92,000/- 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.
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K.SURESH REDDY,J
23-09-2022.
TSNR
