It:jy \ \ • IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 8959 OF 2024 Between: The Amaravati Boating Club, Regd 54-1-18/1, 2^^ floor, Prashanti Nagar, ITI Road, Behind LIC Colony, Vijayawada-520008, Andhra Pradesh represented by its Proprietor/CEO by name Tarun Kumar Kakani. ...PETITIONER AND The Managing Director, AP State Disaster Management Authority, Genious JR Towers, Kunchanapalli-522501, Tadepalli, Guntur District. Additional Director General of Police, APSP Bns and APSDRF, Mangalagiri- 522502, Guntur District. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat buildings, Velagapudi, Thullur Mandal Guntur District 1. 2. 3. ...RESPONDENTS 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 nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the Respondents in not paying the price of supplied Inflatable rubber boats with 25HP OBM(24 No’s) and out board motor(OBM) 15 HP(24 No's) for strengthening of AP State Disaster Response Forces for an amount of Rs. 1,70,02,920/-(Rupees one crore seventy lakhs two thousand nine hundred and twenty only) is illegal, arbitrary and violative of Article 14 of the constitution of India and Section- 15, 16 and 17 of the Micro, Small and Medium enterprises development Act, 2006 and consequently direct the respondents to pay an amount of Rs. 1,70,02,920/-(Rupees one crore seventy lakhs two thousand nine hundred and twenty only) with compound interest with monthly rests at three times of the bank rate(3 X 6.75% = 20.25%) notified by the Reserve Bank etc. Counsel forth© Petitioner: SRI MULLAPUDI SATYANARAYANA Counsel for the Respondent No.1:GP FOR REVENUE Counsel for the Respondent No.2:GP FOR HOME Counsel forth© Respondent No.3: GP FOR FINANCE & PLANNING The Court made the following: ORDER K. APHC010171342024 i 'oP *N£>2.^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m m [3368] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 8959/2024 Between; 1.THE AMARAVATI BOATING CLUB, REGD 54-1-18/1, 2 ND FLOOR, PRASHANTI NAGAR, ITI ROAD, BEHIND LIC COLONY, VIJAYAWADA-520008, ANDHRA PRADESH REPRESENTED BY ITS PROPRIETOR/CEO BY NAME TARUN KUMAR KAKANI. ...PETITIONER AND 1.THE MANAGING DIRECTOR MANAGEMENT AUTHORITY, GENIOUS KUNCHANAPALLI-522501, TADEPALLI, GUNTUR DISTRICT. AP STATE DISASTER JR TOWERS, 2.ADDITIONAL DIRECTOR GENERAL OF POLICE, APSP BNS AND APSDRF, MANGALAGIRI- 522502, GUNTUR DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE SECRETARIAT BUILDINGS, VELAGAPUDI MANDAL, GUNTUR DISTRICT DEPARTMENT, THULLUR ...RESPONDENT{S): 2 Counsel for the Petitioner: 1.MULLAPUDI SATYANARAYANA Counsel for the Respondent(S): 1.GP FOR HOME(AP) 2. 3.GP FOR FINANCE PLANNING (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.8959 OF 2024 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: ‘‘....to issue a writ, order, or direction more particularly one in nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the Respondents in not paying the price of supplied Inflatable rubber boats with 25HP OBM(24 No's) and motor(OBM) 15 HP(24 No's) for strengthening of AP State Disaster Response Forces for an amount of Rs. 1,70,02,920/-(Rupeesone crore seventy lakhs, two thousand nine hundred and twenty only) is illegal, arbitrary and violative of Article 14 of the constitution of India and Section-15, 16 and 17 of the Micro, Small and Medium enterprises development Act, 2006 and consequently direct the respondents to pay an amount of Rs.1,70,02,920/-(Rupees one crore seventy lakhs two thousand nine hundred and twenty only) with compound interest with monthly rests at three times of the bank rate(3 X 6.75 percent is equal to 20.25 percent) notified by the Reserve Bank. out board 2. Sri S.Peeyush Kumar, Finance Secretary. Finance Department Government of Andhra Pradesh appeared through V.C. He submitted "'*''** 4 that the amount payable to the petitioner will be paid in three months, and accordingly, requested three months time. 3. Therefore, the statement of the Finance Secretary is placed on record, and his presence is dispensed with. Heard Sri M.Satyanarayana, learned counsel for learned Government Pleader for Finance and Planning. 4. petitioner 5. In the light of aforementioned statement made by the Finance Secretary representing the State of Andhra Pradesh, the learned counsel for petitioner and the learned Government Pleader for Finance and Planning would submit that the writ petition may be closed without going into the merits of the case, with a direction to the Finance Department, Government of Andhra Pradesh, to take necessary steps for clearance of the bill already uploaded to the CFMS portal making payment to the petitioner, and accordingly, see that the for amount is credited to the petitioner as per the said-bill in three months from the date of the order. In that view of the matter, without going into the merits of the case, the Writ Petition is closed, with a direction to the Finance Secretary, Finance Department, Government of Andhra Pradesh to take necessary steps for clearance of the bill already uploaded to the CFMS portal, for making payment to the petitioner, and accordingly, see that the amount is credited to the petitioner as per the said bill in three months, from the date of the order. However, the petitioner is at 6. 5 liberty to take necessary legal action against the respondents claiming interest if any entitled by him, as per law. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending i this Writ Petition shall stand closed. in Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Mullapudi Satyanarayana, Advocate [OPUC] 2. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 3. Two CC’s to GP for Home, High Court of A.P. at Amaravati[OUT] 4. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 5. Three CD Copies. ssb HIGH COURT DATED:07/01/2025 ORDER lA X 2 t JAN 2025 I ^ Current Secuon ^ ^ WP.No.8959 of 2024 CLOSING THE W.P. WITHOUT COSTS