Andhra Pradesh High Court - Amravati
Beethireddyvari Sunil Kumar vs The State Of Andhra Pradesh on 4 October, 2024
APHC010406592024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
FRIDAY, THE FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 21951/2024
Between:
Beethireddyvari Sunil Kumar and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. SRINIVASA RAO NARRA
Counsel for the Respondent(S):
1. GP FOR AGRICULTURE
2. GP FOR FINANCE PLANNING
The Court made the following order:
2
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 21951 of 2024
ORDER:
The present writ petition is 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 Rs.2,75,000/- (Rupees Two Lakhs Seventy Five
Thousand 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 & Batch) dated 05.10.2021 under grant of
Rain Fed Area Development (R.A.D) to the petitioner till today
after completion of execution of subsidy portion for Rain Fed
Area Development (R.A.D) 2018-19 under National Mission for
Sustainable Agriculture (N.M.S.A)-Implementation of the
activities under RAD-Sheep Rearing in ADA (S.C) Chittoor
Division 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 bill amount with interest forthwith..."
2. The grievance of the petitioners, in brief, in the present writ
petition is that the respondents are not releasing the total bills amount
worth Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand 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 & Batch) dated 05.10.2021 under
grant of Rain Fed Area Development (R.A.D) to the petitioner till today after
completion of execution of subsidy portion for Rain Fed Area Development
(R.A.D) 2018-19 under National Mission for Sustainable Agriculture
(N.M.S.A)-Implementation of the activities under RAD-Sheep Rearing in
ADA (S.C) Chittoor Division Chittoor District, and relied on the judgment of
this Hon'ble Court in W.P.No.19525/2021 (W.P.No.10038/2021 &
Batch) dated 05.10.2021.
3. The respondents filed written instructions, dated 21.09.2024,
while admitting the amounts to the work done by the petitioners,
stating that the bill was prepared and submitted in CFMS portal vide
CFMS ID No.2020-1636184 (moved to 2021-207266). Out of 30
beneficiaries in the bill, only eleven beneficiaries have filed the present
writ petition before this Hon'ble Court for settlement of Rs.2,75,000/-
and further stated that the budget was available while presenting the
bills and submitted through CFMS for effecting payment to
beneficiaries. After a long time the bills submitted were returned by the
CFMS with a remark that 'Bill returned to DDO as per Article 39 and 50
of the A.P. Financial Code Volume-1 and bill was cancelled.
Thereafter, the bill 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 subsidy amount will be paid to the
beneficiaries' accounts through online transfer and the same will be
informed to the beneficiaries.
4. As there is no dispute for entitlement of the amount to the
petitioners, the respondents are directed to pay an amount of
Rs.2,75,000/- (Rupees Two lakhs and seventy five thousand only) to
each petitioner for the work done in providing materials to the
respondents. And the payment shall be made within 8 weeks from the
date of receipt of the order. In the event of non-compliance of the
order within the stipulated time, the petitioners shall be entitled to
interest @ 9% per annum, to be calculated from the date of this order
till the date of realization.
5. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any,
shall stand closed.
___________________________________
JUSTICE TARLADA RAJASEKHARA RAO
Date : 04.10.2024
SPP
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION NO. 21951 of 2024
Date : 04.10.2024
SPP
