Andhra Pradesh High Court - Amravati
Sree Sai Agro Products vs The State Of Andhra Pradesh on 2 February, 2023
Bench: Ravi Nath Tilhari
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.36779 OF 2022
JUDGMENT:-
Heard Smt Kavitha Gottipati, learned counsel for the
petitioner, the learned Government Pleader for Agriculture
representing for respondents 1 and 2, T.S.V.L.N. Swamy,
learned standing counsel for the respondents 4 and 5 and Sri V.
Ashok Ram, learned Government Pleader for Finance
representing respondent No.3.
2. The writ petition is filed under Article 226 of the
Constitution of India for the following relief:
"The Hon‟ble Court may be pleased to issue an appropriate
Order Direction or Writ more particularly one in the nature of
Writ of Mandamus declaring the action of the respondents in
not paying the admitted bill amount of Rs.2,98,43,883/- (Two
Crores Ninety Eight lakhs Forty Three Thousand Eight
Hundred and Eighty Three only) payable to the petitioner firm
for the products supplied pesticides to Rythu Bharosa
Kendram RBKs during the period of April 2021 to March 2022
in the State of Andhra Pradesh under Memorandum of
Understanding dated 29.10.2021 is illegal arbitrary unjust and
violative of Art 14 and 19 of the Constitution of India and
consequently direct the respondents to forthwith release the
payment of above bill amount along with interest 12 percent
and pass appropriate orders."
3. Learned counsel for the petitioner submits that the
amount as prayed for in the writ petition has not been paid
which is due and payable to the petitioner as the petitioner firm
supplied the pesticides to the Rythu Bharosa Kendram RBKs
during the period of April 2021 to March 2022.
4. Sri T.S.V.L.N. Swamy, learned standing counsel for the
respondents 4 and 5 submits that pending amount of the
petitioner is payable by the respondents 1 to 3 towards subsidy
portion of Rs.2,79,98,540/- and non subsidy amount of
Rs.14,55,343/- which is to be received from Village Agriculture
Assistants of RBKs, Department of Agriculture. The
respondents are pursuing for release of the pending amount of
Rs.2,94,53,883/- from respondents 1 to 3 and on receiving of
the amount from the respondents 1 to 3, the same shall be paid
to the petitioner.
5. Sri V. Ashok Ram, learned Government Pleader for
Finance submits that the 3rd respondent has issued budget
release orders vide G.O.Rt.No.3119 dated 09.05.2022 and
G.O.Rt.No.3522 dated 20.07.2022 to the total amount of
Rs.2,541.00 lakhs towards implementation of National Food
Security Mission under the scheme „Krishionnati Yojana‟ in
current financial year 2022-2023. Two bills vide 2022-987881
for an amount of Rs.506.30 lakhs and 2022-646864 for an
amount of Rs.310.28 lakhs are pending with the 3rd respondent
for payment to the SNA Bank A/c of NFSM scheme. He submits
that the due amount of the petitioner will be paid within a
period of eight (8) weeks from today.
6. Learned counsel for the petitioner submits that the
petitioner has also claimed interest on delayed payment but
with respect to that prayer, liberty may be granted to the
petitioner to approach in appropriate proceedings.
7. Considering the submissions advanced by the learned
counsels for the parties/and after recording the stand of the
respondents as submitted, the writ petition is being disposed of
finally directing the respondents to pay the due bill amount to
the petitioner within a period of eight (8) weeks, on due
verification and scrutiny, as per the procedure, if there is no
other legal impediment in making such payment.
8. So far as the petitioner‟s prayer for interest is concerned,
as requested by the learned counsel for the petitioner, the
petitioner is granted liberty to approach the appropriate forum,
if so advised, clarifying that the grant of time to the respondents
as aforesaid, would not adversely affect the petitioner‟s claim for
interest for the period of entitlement, if any, under law.
9. The writ petition is disposed of finally with the aforesaid
directions and observations. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date:02.02.2023
Gk/Rmd
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.36779 OF 2022
Date:02.02.2023
Gk/Rmd.
