Andhra Pradesh High Court - Amravati
Sree Viswas Agro Biotech India ... vs The State Of Andhra Pradesh, on 14 February, 2023
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.41044 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ of Mandamus declaring the action of the
Respondents for not taking any action for releasing the
Grant-in-aid amounts even though generating CFMS
No.2021-1000001097 for an amount of Rs.89,22,000/-, as
illegal, arbitrary and violation of Articles 14,19 and 21 of the
Constitution of India and consequently direct the respondents
to pay the amount of Rs.89,22,000/- along with interest."
2. The contention of the petitioner is that in response to
the policy of the government, the petitioner expressed its
interest for establishment of food processing unit; for that
purpose the petitioner-firm identified the land and got the
permissions from the concerned authorities; that the
petitioner-firm entered into various agreements with
competent authorities, banks, corporations and agencies for
smooth functioning of the food processing unit; that the
competent authorities periodically inspected the unit and
issued necessary certificates; that the petitioner being the
promoter of the unit has to invest 50% and for the remaining
50%, the 5th respondent agrees to make available to one time
capital grant-in-aid as per the guidelines of IFPS(Interactive
Financial Planning System) and in that process an amount of
Rs.89,22,000/- 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
even though generating the payment of bill in CFMS No.2021-
1000001097. The petitioner contends that such non-payment
of money is clearly arbitrary and high-handed, requires 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 have already approved the bills and
in due course payment will be released.
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 respondent Nos.3 and 6
pay the amount due to the petitioner within a period of
eight(8) weeks from the date of receipt of a copy of this
order. 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
14-02-2023.
TSNR
