Constitution Of India vs Unknown
2023 Latest Caselaw 521 AP

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                 WRIT PETITION NO.413 OF 2023

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 on the part of the respondents in paying a total amount of Rs.21,45,957/- (Twenty One Lakhs Forty Five Thousand and Nine Hundred and Fifty Seven Rupees Only) for the chemicals and Filter papers supplied by the petitioner as arbitrary, illegal and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay the amounts payable to me."

2. Heard Mr.N.Siva Rama Krishna, learned counsel for the

petitioner; learned Government Pleader for Agriculture, appearing

for the respondents 1, 3 to 7, and learned Government Pleader for

Finance and Planning, appearing for the 2nd respondent.

3. Brief facts of the case of the petitioner is that pursuant to the

administrative sanction given by the respondents 3 and 5 for

procurement of Chemicals and Filter papers, the petitioner has

supplied the same to the respondents 6 and 7 under the Soil

Health Cards Scheme in NMSA Pilot Project 2019-20, and the bills

were raised for an amount of Rs.21,45,957/-. But, the respondent

authorities withheld the said amount, which the petitioner's firm is

entitled to. The respondents 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's firm 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

respondent 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: 31.01.2023 HS

THE HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No.413 OF 2023

Date: 31.01.2023

HS