Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSANDAND TWENTY FIVE PRESENT A THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7101 OF 2025 Between:
1. M. Munirathnam S/o M. Venkata Swamy, aged about 69 4-59, Harijanawada, Ragimanupenta, Bangarupalem Mandal, Chittoor District. 2. N. Karuna Moorthy S/o M. Munirathnam, aged about 46 y 4-63-1, Harijanawada, Ragimanupenta, Bangarupalem Mandal, Chittoor District years years
3. N. Vara Prasad $/o N. Munirathnam, aged about 41- 4-59, Harijanawada, Ragimanupenta, Bangarupalem Mandal, Chittoor District
4. Girijamma W/o N. Munirathnam, aged about 59 4-59, Harijanawada, Ragimanupenta, Bangarupalem Mandal, Chittoor District
5. N. Raja Gopal S/o N. Venkata Swamy, aged about 55years 4-63, Harijanawada, Ragimanupenta, Bangarupalem Mandal,Chittoor District
6. N. Muna Swamy S/o N. Venkata Swamy, aged about 83 4-60, Harijanawada, Ragimanupenta, Bangarupalem Mandal. Chittoor District
7. P. Pushpamma W/o N. Babu, aged about 54 years years years years
i 4-63, Harijanawada, Ragimanupenta, Bangarupalem Mandal, Chittoor District. 8. N. Thirupal Reddy S/o N. Kuppi Reddy, aged about 45 Avala Kandriga, Vinjam, Gangadhara Nallore Mandal, Chittoor District. years
9. B.ValliSaheb S/o B. Bakshu Saheb, aged about 73 years Avaia Kandriga, Vinjam, Gangadhara, Nallore Mandal, Chittoor District. 10. G. Vimalamma W/o G. Chinna Swamy Reddy, aged about 53 Avala Kandriga, Vinjam, Gangadhara Nallore Mandal, Chittoor District. years
11. N. Subbamma W/o N. Chandraya Reddy, aged about 38 Avala Kandriga, Vinjam, Gangadhara Nallore Mandal, Chittoor District. years. 12. B. Mohammad Rafi S/o B. Valli Saheb, aged about 43 years Indira Nagar, Vinjam, Gangadhara Nallore Mandal, Chittoor District. 13. A. Hari Babu S/o A. Mogili Reddy, aged about 45 years, 2-15, Mittoor, Vengam Palle, Puthramaddi Iraia Mandal, Chittoor District. 14. Y. Sivananda Reddy S/o A. MoY. Venkat Reddy, aged about 74 3-39, Kurpa Palle, Puthramaddi, Iraia Mandal, Chittoor District. 15. P. Hari Babu years. S/o P.Veerabadraiah, aged about 41 years, 3/118a, Mittoor, Vengam Palle, Irala Mandal, Chittoor District. 16. B. Adi Lakshmi W/o B. Venugopal, aged about 54 years 6-6, Gandhipuram, Ragimanupenta, Bangarupalem Mandal, Chittoor District. 17. Sri T. Dorai Raj S/o T. Chengalrayalu, aged about 74 years 9-31, B. L. Kandiga, Ragimanupenta, Bangarupalem Mandal, Chittoor District. 18. M. Sampoornamma W/o M. Shanmugam, aged about 57 years 9-49, B.L. Kandiga, Ragimanupenta, Bangarupalem Mandal, Chittoor District
19. R. Mahendra S/o R. Gopal, aged about 54 years 9-53, B. L. Kandiga,. Ragimanupenta, Bangarupalem Mandal, Chittoor District. 20.
M. Murali S/o M. Shanmugam, aged about 40 years 9-49, B. L. Kandiga, Ragimanupenta, Bangarupalem Mandal, Chittoor District. 21. M. Mogilaiah S/o M. Chinna Swamy, aged about 64 years 9-52, B. L Kandiga, Ragimanupenta, Bangarupalem Mandal, Chittoor District. 22. R. Lakshmi W/o R. Kumar, aged about 64 years 9-66, B. L. Kandiga, Ragimanupenta, Bangarupalem Mandal,Chittoor District. 23. R. Kalamma W/o M. Mogilaiah, aged about 59 years 9-54, B. L. Kandiga,Ragimanupenta, Bangarupalem Mandal,Chittoor District. 24. T. Dasu S/o T. Chengalrayalu, aged about 53 years
9-35, B. L. Kandiga, Ragimanupenta, Bangarupalem Mandal.Chittoor District. ...Petitioners And
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Agriculture Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Commissioner and Director of Agriculture Department Government of Andhra Pradesh Old Mirchi Yard, Nallapadu Road, Chuttugunta, Guntur District. The Joint Director of Agriculture, Chittoor, Chittoor District
2. 3. 4. 5. The District Agriculture Office, Chittoor, Chittoor District
6. The Deputy Director of Agriculture, Chittoor, Chittoor District. 7. The Assistant Director of Agriculture (Soil Conservation), Madanapalli, Annamayya District. 8. The Agriculture Officer (Soil Conservation), Madanapalli, Annamayya District.
...Respondents
E Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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 of Rs.21,10,189/- (Rupees Twenty one lakhs ten thousand one hundred and eighty nine 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 PMKSY to the petitioner till today after completion of execution of subsidy portion for PMKSY 2018-19 Under PMKSY Scheme Various works in 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 bills amount of Rs.21,10,189/- (Rupees Twenty one lakhs ten thousand one hundred and eighty nine only) with Interest under grant of PMKSY forthwith to the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may b^ pleased to direct the respondents to release and pay the total bills amount worth of Rs.21,10,189/- (Rupees Twenty one lakhs ten thousand one hundred and eighty nine only) with Interest under grant of PMKSY forthwith to the petitioner, pending disposal of the above writ petition.
Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1, 3 to 8: GP FOR AGRICULTURE Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER
APHC010124752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7101/2025 Between:
1.M. MUNIRATHNAM, M. MUNIRATHNAM S/0 M. VENKATA SWAMY, AGED ABOUT 69 YEARS 4-59, HARIJANAWADA, RAGIMANUPENTA, BANGARUPALEM MANDAL, CHITTOOR DISTRICT. 2.N. KARUNA MOORTHY, S/0 M. MUNIRATHNAM, AGED ABOUT 46 RAGIMANUPENTA, HARIJANAWADA, 4-63-1. BANGARUPALEM MANDAL, CHITTOOR DISTRICT YEARS 3.N. VARA PRASAD, S/0 N. MUNIRATHNAM, AGED ABOUT 41 YEARS 4-59, HARIJANAWADA, RAGIMANUPENTA MANDAL, CHITTOOR DISTRICT BANGARUPALEM 4.GIRIJAMMA, W/0 N. MUNIRATHNAM, AGED ABOUT 59 YEARS 4- BANGARUPALEM 59, HARIJANAWADA, RAGIMANUPENTA, MANDAL, CHITTOOR DISTRICT 5.N. RAJA GOPAL, S/0 N. VENKATA SWAMY, AGED ABOUT 55YEARS BANGARUPALEM 4-63, HARIJANAWADA, RAGIMANUPENTA MANDAL,CHITTOOR DISTRICT 6.N. MUNA SWAMY, S/0 N. VENKATA SWAMY, AGED ABOUT 83 HARIJANAWADA, BANGARUPALEM MANDAL, CHITTOOR DISTRICT 7.P. PUSHPAMMA, W/0 N. BABU, AGED ABOUT 54 YEARS 4-63, HARIJANAWADA, RAGIMANUPENTA, BANGARUPALEM MANDAL, CHITTOOR DISTRICT. 8.N. THIRUPAL REDDY, S/0 N. KUPPI REDDY, AGED ABOUT 45 YEARS AVALA KANDRIGA, VINJAM, GANGADHARA NALLORE RAGIMANUPENTA, 4-60, YEARS
MANDAL, CHITTOOR DISTRICT ...PETmONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, FINANCE SECRETARIAT BUILDINGS, VELAGAPUDI, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. 3.THE COMMISSIONER AND DIRECTOR OF AGRICULTURE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH MIRCHI YARD. NALLAPADU ROAD, CHUTTUGUNTA, GUNTUR DISTRICT. OLD 4.THE JOINT DIRECTOR OF AGRICULTURE, CHITTOOR. CHITTOOR DISTRICT ...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:
ORAL ORDER: Heard Sri M. Narendra Babu, learned Counsel appearing on behalf of Sri Narra Srinivasa Rao,
learned Counsel for the Writ Petitioners and Sri A. Krishna Kishore, learned Assistant Government Pleader appearing for Respondents.
2. The present Writ Petition is filed seeking the following prayer:
“pleased 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
3 amount worth of Rs.21,10,189/- (Rupees Twenty one lakhs ten thousand one hundred and eighty nine only) with interest @ 12% the
Judgment of this Hon'ble Court In W.P. p.a., as per No.19525/2021 (W.P. No. 10038/2021 & Batch) dated 05.10.2021 under grant of PMKSYto the petitioner till today after completion of execution of subsidy portion for PMKSY 2018-19 Under PMKSY Scheme Various works in Chittoor Diyision, Chittoor District, and causing heavy loss with Interest even though the work was completed within time as illegal arbitrary and violative of and 21 of the Constitution of India and Article 14, 16 consequentially direct the Respondents to release and pay the total bills amount of Rs.21,10,189/- (Rupees Twenty one lakhs ten thousand one hundred and eighty nine only) with Interest under grant of PMKSY forthwith to the petitioner and pass’’ Sri A. Krishna Kishore, learned Assistant Government Pleader has submitted the Written Instructions furnished by the District Agriculture Officer, Chittoor dated 13.03.2025. Copy of it is served on the Counsel for the Writ Petitioner and the same is taken on record. 3. The said Written Instructions would indicate that the claim made by the Writ Petitioner is admitted to an extent of Rs.21,10,189/-. It is submitted in the Written Instructions that the said amount could not be sanctioned due to the non-availability of budget under the PMKSY Scheme, 2018-19. It is also stated that as soon as the budget is received, the subsidy amount will be deposited in the Petitioners’ Bank Account through an online transfer, and the will be informed to the Writ Petitioner. The said Written Instructions would also indicate that the Official Respondents are seeking about three to four months' time to enable the Government to settle the dues of the Petitioner. 4. same i The relevant portion of the Written Instructions is usefully extracted
5. hereunder:
“In this regard the respondents humbly submitted that, as per the available records, the petitioners have been executed the works pertaining to construction of Mini Percolation Tanks, Secondary Water Harvesting Structures and Farm ponds in their clusters and submitted the bills for Rs.21,10,189/- through the
4 Deputy Director of Agriculture (SC), Chittoor for sanction of subsidy amount under PMKSY Scheme during the year 2018-19. It is respectfully submitted that, the total amount of Rs.21,10,189/- (Rupees twenty one lakhs ten thousands hundred and eighty nine only) has not been sanctioned due to availability of budget under PMKSY 2018-19.
it is respectfully submitted that, it is being pursued by the District Agricultural Officer, Chittoor for release of budget for settlement of pending bills, soon after receipt of the budget the Subsidy amount will be paid to the beneficiaries bank accounts through online transfer and the same will be informed to the beneficiaries. It is respectfully submit to request that 3 to 4 months time may kindly be provided to obtain the budget from the Government.” Having regard to the above extract, this Court deems it appropriate to allow the Writ Petition at the admission stage, giving a direction to the Competent Authority to settle the dues of the Writ Petitioners within a period of three (03) months from today by depositing the said amounts into the Bank Account of the Writ Petitioners. With these observations and directions, the Writ Petition stands allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M SRiNIVAjS REGISJ^ SE6t^^FFICER
1. The Principal Secretary, Agriculture Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravati
3. The Commissioner and Director of Agriculture Department, Government of Andhra Pradesh Old Mircht Yard, Nallapadu Road, Chuttugunta, Guntur District. one non
6. 7. 8. R ASSISTANT //TRUE COPY// To, Pradesh, Guntur District. 4. The Joint Director of Agriculture, Chittoor, Chittoor District. 5. The District Agriculture Office, Chittoor, Chittoor District. 6. The Deputy Director of Agriculture, Chittoor, Chittioor District. 7. The Assistant Director of Agriculture(Soil Conservation), Madanapalli, Annamayya District. 8. The Agriculture Office(Soil Conservation), Madanapalli, Annamayya District. 9. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC]
10. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT]
12. Three CD Copies. ssb
HIGH COURT DATED:21/03/2025
ORDER amd#^ g 11 APR 2IB5 ° Current becuon ."y WP.No.7101 of 2025 ALLOWING THE W.P. AT THE ADMISSION STAGE, WITHOUT COSTS