APHC010230332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12183/2023 Between: 1. TAKSHASILA IAS ACADEMY PVT LTD, 40-22-88, JAGANNATH COMPLEX, NIRMALA CONVENT ROAD, BENZ CIRCLE, VIJAYAWADA-10. REP BY ITS MANAGING DIRECTOR, B.S.N.DURGA PRASAD, S/O B.SRINIVASA RAO AGE. 33 YEARS, R/O.25-9-8/1, JAMI APPANNA VEEDHI, SEETANNA PETA GATE, OPPOSITE RAMALAYAM, GANDHI NAGAR, VIJAYAWADA-03 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, ANDHRA PRADESH 522 237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, BC WELFARE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, ANDHRA PRADESH 522 237. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI-523238. 4. THE DIRECTOR OF BC WELFARE, BC WELFARE DEPARTMENT, TADIGADAPA, KANURU, VIJAYAWADA, ANDHRA PRADESH 521137. ...RESPONDENT(S): 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 SRS,J W.P.No.12183 of 2023 pleased to issue a Writ Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the of the respondents in in nonpayments of dues of Rs.20,30,000/- for training BACKWARD CLASSED BCs Students for Civil Services Examination during the 2018- 19 financial year under NTR VIDYONNATHI SCHEME'. Now known as .YSR VIDYONNATHI SCHEME, despite bill is raised and approved vide CFMS token number 2021-2593577, 2022-2128968 is illegal, arbitrary and Violation of Article.14, Art.15, Art.19( 1 )(g), Art .21, Art.23 and Art.300A of Constitution of India and consequent direct the respondents to pay dues of Rs. 20,30,000/- for training 31 BACKWARD CLASSES (BCs)Students for Civil Services Examination during the 2018-19 financial year under NTR VIDYONNATHI SCHEME., now known as .YSR VIDYONNATHI SCHEME along with 12 percent Interest till the date of payment to the board approved bank account and pass IA 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 to pay dues of Rs.20,30,000/- for training 31 BACKWARD CLASSES (BCs)Students for Civil Services Examination during the 2018-19 financial year under NTR VIDYONNATHI SCHEME., now known as .YSR VIDYONNATHI SCHEME for which bill is raised and approved vide CFMS token number 2021-2593577, 2022-2128968 expeditiously within six weeks to the board approved bank account pending final disposal of the Writ petition and pass Counsel for the Petitioner: 1. THANDAVA YOGESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE SRS,J W.P.No.12183 of 2023 The Court made the following: :: ORDER :: The above writ petition is filed assailing the action of respondent authorities in not paying the bills for an amount of Rs.20,30,000/- for training 31 Backward Classes (BCs) students for Civil Services Examination during the 2018-2019 financial year under NTR Vidyonnathi Scheme, despite approving of the bills in CFMS portal vide token Nos.2021-2593577, 2022- 2128968, is illegal and arbitrary. 2. Heard Sri G. Malleswara Reddy, learned counsel for the petitioner and Smt. Ch. Swapna Priya, learned Assistant Government Pleader for Social Welfare, appeared for respondents 1, 2 & 4 and Ms. D. Naga Chandrika, learned Assistant Government Pleader for Finance appeared for respondent No.2. 3. The petitioner, a registered private company, has been training the individuals in civil service courses. The petitioner applied for NTR Vidyonnathi scheme. The petitioner was empanelled as one of the institutes by the respondents for the year 2018-19 for training the individuals appearing for civil service examinations, with a fee of Rs.1,00,000/- and 31 students were allotted to the petitioner institution. 4. The Director of Social Welfare issued letter in Rc.No.A2/1998/2018-1, dated 10.12.2018 to commence the process. A Memorandum of Understanding was entered into between the respondents along with others as First Party with the petitioner’s institution as Second Party on 14.12.2018. The fee payable to the petitioner is Rs.20,30,000/-. The respondent authorities raised bills in CFMS portal vide token Nos.2021-2593577 in 2021 and 2022- 2128968 in 2022. However, the amount was not paid. 5. The writ petition was listed on 08.05.2023, 11.07.2024 & thereafter on 10.03.2025. No counter affidavit has been filed. Page 4 of 5 SRS,J W.P.No.12183 of 2023 6. Learned Assistant Government Pleader appearing for Social Welfare, on instructions, did not dispute about the entitlement of the petitioner and also uploading of bills in CFMS portal. 7. In J.Devender Reddy v. Kakatiya University, represented by its Registrar1, it was held that withholding of the amount, payable to the petitioner for the contract works, constitutes patent arbitrariness on the part of the respondents. 8. Since there is no dispute regarding the petitioner’s entitlement, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors. (In SLP (C) No.14350/2022) it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.” 9. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage with the consent of both the learned counsel, directing the respondent authorities to pay an amount of Rs.20,30,000/- to the petitioner, within three (03) months from the date of receipt of a copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 01.04.2025 TVN 1 2015 (3) ALD 97 SRS,J W.P.No.12183 of 2023 233 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.12183 OF 2023 Date : 01.04.2025 TVN