APHC010180682023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10575/2023 Between: M/s. Sri Ranga Motors Pvt. Ltd., ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE The Court made the following order: The above writ petition is filed to declare the respondents' action of withholding Rs.25,00,000/-, payable to the petitioner firm, for the supply of agriculture machinery, i.e., Tractor, illegal and arbitrary. 2. The brief facts of the case, as set out in the affidavit, are that the respondents introduced a scheme, viz., ‘alternative action plan-providing marketing vehicles to the FPOs/FPGS/FPG/Societies. The said scheme was introduced for the farmers and groups residing within the jurisdiction of ITDA, Seethammapeta, and the Srikakulam area for their upliftment. In pursuance of the said scheme, respondent No.4 called for applications/indents from the SRS,J W.P.No.10575 of 2023 dealers, in pursuance of which the petitioner firm submitted a proposal/indent. Respondent No.4 considered the petitioner’s indent and, by proceedings Rc.No.155/2020/E, dated 10.02.2020 ordered to supply five marketing vehicles to five groups of societies in the respondent No.4 area. Respondent No.4 has to release Rs.5,00,000/- subsidy for each vehicle. b) In pursuance of the proceedings dated 10.02.2020, the petitioner supplied TATA RJ 407 Pick-up vans to the beneficiaries/farmers, as per the list prepared by the competent authority and the said supply was acknowledged by the competent authority. The total amount due from the respondents is Rs.25,00,000/-. The petitioner made representations dated 13.06.2022, 28.11.2022, 09.01.2023 and 13.02.2023. However, the amount has not been released. c) After persuasion, CFMS bill No.2021-535484 was generated. However, the same was returned by DDO as per Articles 39 and 50 of the A.P. Financial code Vol.I. Respondent No.2 is to release the amount. Since the amount was not paid, the above writ petition is filed. 3. A counter affidavit was filed by respondent No.4. It was contended, inter alia, that the Ministry of Tribal Affairs, Government of India, New Delhi, sanctioned a scheme of Agriculture / Horticulture and Other Livelihoods to Andhra Pradesh under SCA to TSS and Development of PVTGs. It was approved by the Project Proposal Committee on 22.05.2018. An amount of Rs.2,280 lakhs was released to Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation Ltd., A.P. Vijayawada vide G.O.Rt.No.315, TW (Bud) Department dated 03.10.2018 for implementation of the programme. b) The Project Director, ITDA, Sitammapeta, Srikakulam District, vide Lr.No.23/2020/SO dated 11.02.2020, submitted alternative proposals other than the schemes approved by the Project Appraisal Committee for supply of Pick-Up Vans to the Tribal Groups. After the permission was SRS,J W.P.No.10575 of 2023 accorded by the Managing Director, TRICOR, A.P., respondent No.4 issued a purchase order vide Lr.Rc.No.155/2020/E dated 10.02.2021, to the petitioner. The petitioner supplied five pickup vans to ITDA, Seethampeta, in March and April, 2021. c) After the receipt of the bills, respondent No.4 uploaded the same in CFMS portal with bill ID Nos. 2021-535484 and 2021-542643 for Rs.10,00,000/- and Rs.15,00,000/- respectively. However, the bills were returned to DDO on 31.03.2022, due to year-end activity. d) Respondent No.4, vide letter Rc.No.155/2020/E dated 27.04.2023 submitted a proposal for release of the lapsed budget. Based on the proposals sent by respondent No.4, the Managing Director, TRICOR, AP, Vijayawada circulated the file No.SOW03-12022/9/2023-TRICOR SEC-COTW to the Finance Department for release of the lapsed funds. Immediately after release of the funds, the dues will be paid, and delay in payment is not willful. Eventually, prayed to dismiss the writ petition. 4. Heard learned counsel for the petitioner; learned Assistant Government Pleader for Social Welfare for respondents 1, 4 and 5; learned Assistant Government Pleader for Finance for respondent No.2 and learned standing counsel for respondent No.3. 5. Learned counsel on either side reiterated the averments in the writ affidavit and counter affidavit. 6. As seen from the pleadings, there is no dispute regarding the supply of five Pick-Up vans by the petitioner and its entitlement to the aforementioned amount. It is also an undisputed fact that respondent No.4 uploaded the bills. However, they were returned due to year-end activity. As per the averment in para No.4 of the counter affidavit, respondent No.3 circulated the file to the Finance Department for release of the funds. Thus, there is no dispute regarding the petitioner’s entitlement to the amount and in fact, there is no SRS,J W.P.No.10575 of 2023 dispute. In the absence of dispute regarding entitlement to the amount, a writ petition under Article 226 of the Constitution of India is maintainable. 7. Given the above facts and circumstances of the case, since there is no disputed regarding the petitioner’s entitlement, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the respondents to release an amount of Rs.25,00,000/-, after deductions, if any, to the petitioner, within four months from the receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.03.2025 IKN SRS,J W.P.No.10575 of 2023 219 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10575 of 2023 Date: 25.03.2025 IKN