Andhra Pradesh High Court - Amravati
Gopi Deennee Chandrashekar Reddy vs The State Of Andhra Pradesh, on 15 November, 2023
THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION NO.29083 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India seeking to declare the inaction on the
part of the respondents herein not releasing the total bills
amount worth Rs.7,00,000/- (Rupees Seven Lakhs only) 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
implementation purchase of small ruminants, Milch cow,
Horticulture plantation and storage godown by the General
farmers under RAD 2018-19 supplied in the ADA(SC),
Punganur Sub-division 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 consequently direct the
respondents to release and pay the total bills amount of
Rs.7,00,000/- with interest.
2. Heard Sri Narra Srinivasa Rao, learned counsel for the
petitioner, 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. 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 for Finance and Planning
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 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 admitted 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. Accordingly, the Writ Petition is disposed of. No 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.29083 OF 2023
Date: 15-11-2023
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