Smt.S.Ramulamma vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5688 AP

Andhra Pradesh High Court - Amravati

Smt.S.Ramulamma vs The State Of Andhra Pradesh, on 29 November, 2023

         HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.30251 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in not releasing the remaining balance of Rs.3,18,012/- under RKVY scheme and Rs.2,08,230/- under NMOOP scheme total Rs.5,26,242/- towards the supply of Agriculture implements for the year 2018-19, though submitted representations dated 01.09.2020, 21.12.2020 and 10.06.2022 as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to release balance of Rs.3,18,012/- under RKVY scheme and Rs.2,08,230/- under NMOOP scheme total Rs.5,26,242/- along with interest and pass......."

2. Heard Sri M.B. Thimma Reddy, learned counsel for the

petitioner, learned Government Pleader for Agriculture and

learned Government Pleader for Finance and Planning.

3. Learned counsel for the petitioner submits that even

though respondents admitted that the petitioner 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.

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 petitioner 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 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 her 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 : 29.11.2023 GSS

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.30251 of 2023

Date : 29.11.2023

GSS