APHC010211952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r k 0? MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION No: 11092 OF 2023 / Between: Gokaramaiah Swayam Sahayak Sangam, H.No.1-2017, Telugu Street Kondapuram Village Member/Farmer Telugu Nadipi Venkatesh. C.Belagam Mandal, Kurnool District rep.by its ...PETITIONER AND 1. The State of Andhra Pradesh rep.by its Principal Secretary. Agriculture Department. Secretariat, Velagapudi. Amaravathi, Guntur District. 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Finance Department, Secretariat. Velagapudi. Amaravathi. Guntur District. 3. The District Collector, Kurnool District, Kurnool. 4. The Commissioner & Director of Agriculture Guntur, Andhra Pradesh. Agriculture Department, 5. The District Agriculture Officer, Kurnool District. 6. The Joint Director 0/o.Collectorate, Kurnool District. of Agriculture, Agriculture Department, 7. M/s. Rakesh Enterprises, #26-108-A2, Opp.llto Company, Nandyal-518502, Proprietor Rakesh Khande. Govt. Degree College Road, Kurnool District, rep.by its ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court Petition under Article 226 of the Constitution may be // ^ pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the respondents 2 to 6 herein in not paying the subsidy amount of Rs.6,68,371/- for procuring combine harvester as illegal, arbitrary, unreasonable, violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents herein forthwith to pay the aforesaid subsidy amount along with the interest @ 24% p.a. lA No: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein forthwith to process and pay the subsidy amount of Rs.6,68,371/- infavour of the petitioner along with interest @24% p.a., pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P.DURGA PRASAD Counsel for the Respondent Nos.1, 3 to 6: GP FOR AGRICULTURE < Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING " Counsel for the Respondent No.7: SRI CHAPPIDI VENKATESH The Court made the following order: APHC010211952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Fourteenth Day of July Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 11092 of 2023 Between: Gokaramaiah Swayam Sahayak Sangam ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: IP.Durga Prasad Counsel for the respondents: 1.G.P. for Finance Planning 2.G.P. for Agriculture S.ChappidiVenkatesh The Court made the following: 2 W.P.No.11092 of 2023 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring action of the respondents No.2 to 6 herein in not paying the subsidy amount of Rs.6,68,371/- for procuring combine harvester as illegal, arbitrary, unreasonable, violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents herein forthwith to pay the aforesaid subsidy amount along with the interest @ 24 percent p.a and pass...” The brief case of the petitioner is that: The petitioner is a member / partner of a farmers’ cooperative Gokaramaiah Swayam Sahayaka Sangam" in Kondapuram Village. The society availed a government mechanization scheme aimed at providing subsidized agricultural machinery to farmers. Under this scheme, the government offered 40% subsidy, with 50% cost financed by banks and the remaining 10% to be paid by the farmers' cooperatives. The petitioner's society applied for and received approval to procure a combined harvester under Project ID:AP/CHC/2018-19/071 5 dated 12-12-2018. The respondent No.6 issued a permit, allowing the purchase within 30 days from an approved dealer. The respondent No.7 / dealer quoted the total cost of the harvester at Rs.22,55,888/-, with the subsidy portion being Rs.6,68,371/-. Due to potential delays in subsidy disbursement, the dealer advised the petitioner to pay the full amount 2. a. society named b. 3 W.P.No,11092 of 2023 upfront, from the assuring that the government. Acting on this subsidy would be reimbursed once received c. advice, the petitioner paid the entire sum and purchased the harvester, delivery and The respondent No.7 later authorities to transfer the - respondents failed confirmed the subsidy directly to requested the ^he petitioner. Despite this, the ^0 release the at rmi , '■^P'^esentation dated 23.08.2021 in at Collectorate office, Kurnool i subsidy. The petitioner submitted a Spandana Program the ’ response to which proceedings vide No.E7/FM-2018-19/2023 requesting the respondent No.4 to the dealer with instructions to respondent No.5 issued dated 04.01.2023 subsidy amount to However release the pay to the farmers. no further action was taken. The delay has agony to the farmers hardship and caused financial who raised funds mental personal sources. Heard the learned The learned from 3. counsel for the petitioner. Government 4. Assistant respondents No.1, 3 to 6 placed Director of Agriculture Lr.No. Court Pleader on record the written i representing instructions of the for Agriculture . A.P. addressed to G.P vide case/ 01/2025, dated 13.07.2025 and submitted that payment could not be the made due to lapsed budget account of the Director and once the funds of Agriculture are adjusted to the r authority will submit bill as per the supplier, however shp fnrth In reply, the learned as per the written i to the fhe said dues to the amount has to procedure and clear the group. counsel for the petitioner instructions, the subsidy submitted that even amount would be transferred manufacturers / dealer’ s account through D.B.T. as the dealer who the farmers’ mode but not to group and that and he had oi supplied the harvester i g'ven the letter dated 28. the respondent No. IS 12.2022 to 4 W.P.No,11092 of 2023 the District Collector, Kurnool District, copy of which was enclosed to the petition, the payment may be ordered to be made to the respondent No.7. In the light of the above circumstances, since the amount due has been admitted and it is also admitted that the amount can be paid to the dealer / respondent No.7 who had given letter of consent dated 28.12.2022 to release the subsidy amount directly in the name of the group itself i.e., customer, but in view of the objection of the other respondents to release in the name of the customer, the writ petition is disposed of directing the respondents No.1 to 6 to release the payment within two (2) months in the name of the dealer / respondent No.7 who in-turn shall pay the same to the farmers’ group on receipt of such payment within one (1) week there-from. There shall be no order as to 6. costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. 0FF\CER //TRUE COPY// SECTION To, 1. The Principal Secretary, Agriculture Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Kurnool District, Kurnool. The Commissioner & Director of Agriculture, Agriculture Department, Guntur, Andhra Pradesh. 2. 3. 4. 5. The District Agriculture Officer, Kurnool District. 6. The Joint Director of Agriculture, Agriculture Department, 0/o.Collectorate, Kurnool District. / / 7. The Proprietor Rakesh Khande, M/s. Rakesh Enterprises, 26-108-A2, Govt. Degree College Road, Opp.llto Company, Nandyal-518502, Kurnool District. 8. One CC to Sri P. Durga Prasad, Advocate [OPUC] 9. Two CCs to GP for Agriculture, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] One CC to Sri Chappidi Venkatesh, Advocate [OPUC] Two CD Copies. / 10. 11. 12. gi m,. ? ■i, - 4 HIGH COURT DATED:14/07/2025 ORDER WP No. 11092 OF 2023 ^1 5 AUG 2025 K Co. wmou'??MTr