Rajeswari Boat Manufacturers vs The State Of Andhra Pradesh
2023 Latest Caselaw 246 AP

              HON'BLE SRI JUSTICE K.SURESH REDDY

                     Writ Petition No.37090 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 in not releasing the amount of Rs.13,16,000/- for

supply of FRP boats to the beneficiary fishermen, pursuant to the supply orders of the 3rd respondent, vide letter Nos.550/A/2017, dated 10.07.2017 and No.550/A/2017, dated 20.01.2018, through the firm of the petitioner, as illegal, arbitrary, and consequently direct the respondents to pay the admitted amount of Rs.13,16,000/-, with 24% interest per annum to the petitioner"

2. The petitioner being the Proprietor of Rajeswari Boat

Manufacturers,Hukumpeta, Srikakulam District, have entered into

agreement with the 3rd respondent for supply of boats under the

scheme of assistance for livelihood enhancement of fishermen 2018-

19. In pursuant to the supply orders of the 3rd respondent, vide letter

Nos.550/A/2017, dated 10.07.2017 and No.550/A/2017, dated

20.01.2018, the petitioner supplied the FRP boats and the same were

handed over to the beneficiaries for their livelihood. But, the

respondents did not release the admitted bill amount of

Rs.13,16,000/- under the above said scheme. Even though, the

petitioner made number of representations for release of amount, no

action has been taken by them. Aggrieved by the same, the

petitioner filed the present writ petition.

3. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner is entitled for payment of

the aforesaid sum of money, no payment is being made and such non-

payment of money is clearly arbitrary and high-handed and thereby

requires interference by this court. He further submits that having

approved the bills with CFMS token numbers, non-payment of bill

amount is arbitrary and illegal.

4. The learned Government Pleader for Fisheries has not disputed

the same and submit that payment/bills will be considered in due

course as and when funds made available.

5. 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.

6. 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 pay admitted bill amount of

Rs.13,16,000/- 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 costs.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed.

_______________ K.SURESH REDDY,J 19th day of January,2023.

RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 37090 of 2022

Dated: 19.01.2023

RPD