Talapaneni Sateesh Babu vs The State Of Andhra Pradesh,
2022 Latest Caselaw 7529 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                       W.P.No.27500 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.25,53,340/- towards supply of John Deere Tractors and agriculture implements under Rashtriya Krishi Vikas Yojana RKVY Sub Mission on Agricultural Mechanisation (SMAM) and Rythu Radham for the year 2017-18 and 2018-19 inspite of receiving the company's representation, dated 21/07/2020 and mere generating the CFMS tokens as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to release subsidy amount of Rs.25,53,340/- only along with interest towards supply of John Deere Tractors and agriculture implements under Rashtriya Krishi Vikas Yojana RKVY Sub Mission on Agricultural Mechanisation (SMAM) and Rythu Radham for the year 2017-18 and 2018-19."

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

business for supply of John Deere tractors of Agricultural

implements; that he supplied Tractors and other implements

to the farmers as per the directions of the respondents and in

that process an amount of Rs.25,53,340/- 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 30-09-2022.

TSNR