Unknown vs Constitution Of India Is Filed ...
2023 Latest Caselaw 3464 AP

    THE HONOURABLE SRI JUSTICE D.RAMESH

              WRIT PETITION No.15674 of 2023

ORDER:

This Writ Petition under Article 226 of the

Constitution of India is filed seeking to declare thee

inaction on the part of the respondents herein not releasing

the total bills amount worth of Rs.8,32,447/- with interest

@ 12% p.a. as per the judgment of this Hon'ble Court in

Writ Petition No.19525 of 2021 and batch dated

05.10.2021 under grant of PMKSY (Pradhan Mantri Krishi

Sinchayee Yojana) to the petitioner till today after

completion of execution of construction of Mini Percolation

Tank and Farm Ponds by the farmers of the clusters in

Tirupati sub division and causing heavy loss with interest

even though the work was completed within time as illegal

and arbitrary.

2. Heard learned counsel for the petitioners and

learned Assistant Government Pleader appearing for the

respondents.

3. Learned counsel for the petitioners submits that

even though respondents admitted that the petitioners are

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. 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.

5. Learned Government Pleader submits that the

respondent authorities are verifying the claims of the

petitioners and would be in a position to make payments

only after such verification is being completed.

6. 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 six (06) 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 eight (08) weeks. It would also be open to

the petitioner to agitate their claim for interest, if any,

payable by the respondents before an appropriate forum.

7. Accordingly, the writ petition is disposed of. There

shall be no orders as to costs.

Miscellaneous petitions pending if any, shall

stand closed.

_____________________ JUSTICE D.RAMESH

Date : 14.07.2023 T PS

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.15674 of 2023

Date: 14.07.2023

TPS