Andhra Pradesh High Court - Amravati
Gubala Nagaraju vs The State Of Andhra Pradesh, on 15 November, 2023
THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION NO.29161 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India seeking to declare the action on the part of
the respondents in not releasing the total bills amount worth
Rs.22,24,750/- with interest @12% p.a., as per the Judgment of
this Hon'ble 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 petitioners till today after subsidy
portion for implementation of Rainfed Area Development (RAD)-
under National Mission for Sustainable Agriculture (NMSA),
during the year 2017-2018 in Chittoor District and causing
heavy loss with interest even though the works were completed
within time as illegal, arbitrary and violative of Article 14, 16
and 21 of the Constitution of India and consequently direct the
respondents to pay the total bills amount of Rs.22,24,750/-
with interest to the petitioners.
2. Heard Sri Narra Srinivasa Rao, learned counsel for the
petitioners, learned Government Pleader for Agriculture
appearing for the respondents 1, 3 to 8 and learned
Government Pleader appearing for Finance and Planning
appearing for the respondent No.2.
3. It is the contention of the learned counsel for the
petitioners that even though the respondents admitted that the
petitioners are entitled for payment of the aforesaid sum of
money, no payment is being made; such non-payment of money
is clearly arbitrary and high-handed requiring the interference
of this Court.
4. At the time of hearing, the learned Government Pleader for
Agriculture produced a copy of written instructions received
from the 5th respondent-District Agricultural Officer, Chittoor,
dated 09.11.2023 wherein it is stated that -
"..it is submitted that the budget was available while issuing of
technical sanctions to the beneficiaries, but after receipt of the bills, the
budget was disappeared for sanction of bills under Rain Fed Area
Development (RAD) - National Mission for Sustainable Agriculture
(NMSA) during the year 2017-18 in CFMS portal due to technical
problem.
It is being pursued by the District Agricultural Officer, Chittoor
for release of budget to settle the pending bills, soon after receipt of the
budget the financial assistance amount will be paid to the beneficiary's
accounts through online transfer and the same will be informed to the
beneficiaries."
5. In view of the above instructions submitted by the
learned Government Pleader, since the bill amount claimed by
the petitioners is an admitted bill, this Court feels it appropriate
to dispose of the writ petition directing the respondents to
release the total bills amount worth Rs.22,24,750/-to the
petitioners within a period of six (06) weeks from the date of
receipt of a copy of this order.
6. With the above direction, this 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.
____________________________
SMT JUSTICE V. SUJATHA
Date: 15.11.2023
Pnr
THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION NO.29161 OF 2023
Date: 15-11-2023
Pnr
