Andhra Pradesh High Court - Amravati
C Sudhakar vs The State Of Ap on 10 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.28816 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226
of the Constitution of India seeking the following relief:-
"...to issue a Writ, Order or direction more particularly one in
the nature of Writ of Mandamus declaring the inaction on the
part of the respondents herein not releasing the total bills
amount worth of Rs.11,50,000/- (Rupees Eleven lakhs fifty
thousand only) with interest @12percent p.a. as per the
Judgment of this Honourable Court In W.P.No.19525/2021
(W.P.No.10038/2021 and Batch) dated 05.10.2021 under
grant of Rainfed Area Development RAD to the petitioner till
today after subsidy portion for Post Harvest structures
constructed during the year 2017-18 under RAD Scheme in B
Kothakota Mandal pertaining to ADA(SC) Madanapalle Sub-
division The subsidy amount shall be paid to the concerned
farmers of selected clusters i.e. Chalamarnidi Cluster,
Vengamvari and Mushtoor of B Kothakota Mandal pertaining
to ADA(SC) Madanapalle Sub-division under subsidy to each
former as financial assistance under RAD during the year
2017-2018 in Chittoor district and causing heavy loss with
Interest even though the work was completed within time as
illegal, arbitrary and violative of Article 14, 16 and 21 of the
Constitution of India and consequentially direct the
Respondents to release and pay the total bills amount of
Rs.11,50,000/- (Rupees Eleven lakhs fifty thousand only)
with Interest under grant of Rainfed Area Development RAD
forthwith to the petitioner and pass......."
2. Heard Sri Narra Srinivasa Rao, learned counsel for the
petitioners, learned Government Pleader for Agriculture and
learned Government Pleader for Finance and Planning.
3. Learned counsel for the petitioners submits that even
though respondents admitted that the petitioners are entitled for
payment of the amounts (land lease amount and production
costs), no payment is being made and such non-payment of
money is clearly arbitrary and high-handed and thereby requires
interference by this Court.
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 claim of the petitioners and would be
in a position to make payments only after such verification is
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 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 petitioners depending upon the outcome
of the verification within a period of eight (08) weeks. It would
also be open to the petitioners to agitate their claim for interest,
if any, payable by the respondents in an appropriate forum.
7. In view of the same, 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.
_______________________
JUSTICE V.SUJATHA
Date :08.11.2023
GSS
