M/S. Yedukondalu Engineering Works vs State Of Andhra Pradesh & Others

K.Suresh Reddy, J

This writ petition is filed seeking the following relief:-

“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 of Rs.36,87,760/- for supplying the machineries/equipments to the respondent authorities by the petitioner, through his firm, even though admitted amount of Rs.36,87,760/-, is illegal, arbitrary, violation of principles of natural justice, contrary to the Rules & Regulations and consequently direct the respondents to pay the admitted amount of Rs.36,87,760/-, with cumulative interest”

The petitioner’s firm is running business in the name and style of M/s Yedukondalu Engineering Works and supplying agricultural implements like Cultivator, Multi Crop threshers, MB Plow, Rotavator etc., to the respondent authorities, under the schemes of Sub-Mission on Agricultural Mechanization (SMAM), Rashtriya Krishi Vikas Yojana(RKVY) and Skill Development Programme (SDP). The petitioner’s firm has supplied Agricultural implements, for which, the government has to release the subsidy amount. But, the respondents withheld the subsidy amount of Rs.36,87,760/- under various government schemes. The petitioner made number of representations for release of subsidy amount, but no action has been taken by the respondents. Aggrieved by the same, the present writ petition is filed.

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.

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 need to be cleared by the respondents at the earliest.

The learned Government Pleader submits that the respondents-authorities are verifying the claims of the petitioner 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 writ petition is disposed of 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 petitioner depending upon the outcome of the verification within a period of six(6) weeks. It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents in an appropriate forum. No costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.