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Judgment
Dr. K. Manmadha Rao, J
This 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 action of the respondents in not releasing the amount Rs. 30,20,220/- (Thirty Lakhs, Twenty thousand, two hundred and twenty Rupees Only) for supplying the machineries/ equipments to the respondent authorities by the petitioner even though admitted amounts is illegal, arbitrary, unjust, unfair and violative of principles of natural justice, contrary to the Rules and Regulations and consequently direct the respondents to pay admitted amounts of Rs. 30,20,220/- (Thirty Lakhs, Twenty thousand, two hundred and twenty Rupees Only) with cumulative interest and pass such other orders....”
Heard Mr. Dasari S.V.V.S.V.Prasad, learned counsel for the petitioners; learned Government Pleader for Agriculture for the respondents 1 and 3 and learned Government Pleader for Finance for the 2nd respondent.
Brief facts of the case of the petitioners is that the petitioners supplied various agricultural implements supplied to the farmers as per the directions issued by the respondents from time to time under the scheme of Pradhan Mantri Krishi Sinchayee Yojana (PMKSY), Sub-Mission on Agriculture Mechanization (SMAM). The petitioners have supplied Agriculture implements, for which, the Government has to pay the amount. But, the respondent authorities withheld an amount of Rs.30,20,220/-, which the petitioners is entitled to. The respondents did not initiate any action to pay the same to the petitioners, which is illegal and arbitrary. Hence the writ petition came to be filed.
Learned counsel for the petitioners submits that even though respondents admitted that the petitioners firm 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.
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.
The learned Government Pleader submits that the respondents- authorities are verifying the claims of the petitioners and would be in a position to make payments only after such verification is being completed.
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 four (4) 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 six (6) 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. No costs.
In view of the foregoing discussion, 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.
