Andhra Pradesh High Court - Amravati
Sankati Siva Ramudu, vs The State Of Andhra Pradesh, on 7 December, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.27345 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226
of the Constitution of India seeking the following relief:-
"...to issue the Writ, order or direction more particularly one
in the nature of writ of Mandamus declaring the action of the
respondents in not releasing the amounts ('land lease
amount' and 'production costs') to the petitioners under
"Oorura Pashugrasa Kshetralu" Scheme for the years 2017-
18 and 2018-19 in respect of their respective extents of lands
under their respective Work ID numbers
137864419030020001 and 137864419030020003 which
are shown in cause title as illegal and violative of Articles 14
and 300A of the Constitution of India and consequently direct
the respondents to release the land lease amount and
material/production cost amount to the petitioners under the
above scheme for the years 2017-18 and 2018-19 after
conducting enquiry......."
2. Heard Sri Vallepu Jagadeesh, learned counsel for the
petitioners, learned Government Pleader for Animal Husbandry,
learned Government Pleader for Finance and Planning, learned
Government Pleader for Panchayat Raj and Rural Development.
3. Learned counsel for the petitioners submits that even
though respondents admitted that the petitioners are entitled for
payment of the amounts (land lease amount and production
costs), no payment is being made and such non-payment of
money is clearly arbitrary and high-handed and thereby requires
interference by this Court.
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 needs to be
cleared by the respondents at the earliest.
5. Learned Government Pleader has produced a copy of the
instructions of the Joint Director (AH), Kurnool, dated
06.11.2023, wherein it is admitted that an amount of
Rs.1,89,600/- is yet to be paid to the 1st petitioner herein and
the said information was submitted as per the Plantation
Certificate produced by the concerned Veterinary Assistant
Surgeons. He further requested this Court to grant time for
payment of the aforesaid mentioned amount to the petitioners.
6. In view of the aforesaid directions of this Court in various
cases and after hearing both sides, this Court is inclined to
dispose of the Writ Petition with a direction to the respondents to
complete the payment of admitted amount due to the petitioners
within a period of six (06) weeks from the date of receipt of a
copy of this order. However, the petitioners are at liberty to
agitate their claim for the balance amount, if any, payable to
them by the respondents. It would also be open to the petitioners
to agitate their claim for interest, if any, payable by the
respondents in an appropriate forum.
7. In view of the same, the Writ Petition is disposed of. There
shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any,
shall also stand closed.
_______________________
JUSTICE V.SUJATHA
Date : 07.12.2023
GSS
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.27345 of 2023
Date : 07.12.2023
Gss
