Andhra Pradesh High Court - Amravati
G.Chinnappa vs The State Of Andhra Pradesh, on 3 January, 2023
Bench: K Manmadha Rao
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION NO.36319 OF 2022
ORDER:
This Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
".....to issue an appropriate Writ, Order or direction more
particularly one in the nature of Writ of Mandamus declaring the
action of the Respondents in withholding the payments of pending
amounts of Rs.5,85,000/- (Five Lakhs Eighty Five Thousand only)
for the year 2019, in relation to the works "Soil and water
conservation program (SWCP) - 2018-19 - Implementation of SWCP
2018-19 under Managing climate risk for Rainfed crops through
protective irrigation by construction of farm pond with lining in
SWCP Clusters 2018-19 District" sanctioned CFMS No.14809-2019
an amount of Rs.45,000/- (not paid), CFMS No148162-2019 an
amount of Rs.2,25,000/- (not paid), CFMS No.148110-2019 an
amount of Rs.45,000/- (not paid), CFMS No.148163-2019 an
amount of Rs.2,70,000/- (not paid) under "OC Category"."
2. Heard Ms.M.Anusha, learned counsel for the petitioner;
learned Government Pleader for Agriculture, appearing for the
respondents 1 to 4, and learned Government Pleader for Finance
and Planning, appearing for the 5th respondent.
3. Brief facts of the case of the petitioner is a Agriculturist.
Pursuant to the contract entered into with the respondents vide
proceedings dated 21.06.2018 and 28.01.2019, he has completed
the works within the stipulated time. The respondents have
sanctioned the due amounts and uploaded the bills under various
CFMS Nos. But, 5th respondent did not initiate any action to pay
the same to the petitioner, which is illegal and arbitrary. Hence,
the writ petition came to be filed.
4. 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.
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 needs to be
cleared by the respondents at the earliest.
6. 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.
7. 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 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 their claim for interest, if any payable by
the respondents in an appropriate forum. No costs.
8. In view of the foregoing discussion, 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.
___________________________
DR.K. MANMADHA RAO, J
Date: 03.01.2023
HS
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.36319 OF 2022
Date: 03.01.2023
HS
