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2025 DAILYLAW 18148 (AP)

SRI RAMA MOTOR AND GENERAL STORES v. THE STATE OF AP

WP/14937/2025 · 2025-07-27

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

“ APHC010250872025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) . MONDAY,THE TWENTY EIGHTH DAY l TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 14937 OF 907^ / S>i<0 PRADESH % \ OF JULY V .■5^. Hi Between: Sri Rama Motor & General Stores Rama Murthy S/o. Veera Raghavulu. aged 59 Years, Achanta Village and Mandal. West Godavari Rep. by its Managing Partner Balusu Occ; Business, Sree District. ...PETITIONER AND 1- The State of Andhra Pradesh, Agriculture Department, Secretariat Guntur District. Rep. by its Principal Secretary, Buildings, Amaravati, Velagapudi, Rep. by its Principal Secretary, Finance Buildings, Amaravati, Velagapudi, Guntur and Director of Agriculture Nallapadu Road, Chuttagunta, Guntur, 2. The State of Andhra Pradesh Department, Secretariat District. 3. The Commissioner Old Mirchi Yard, Guntur District. ...respondents Petition under Article 226 of the Constitution of India in the affidavit filed therewith. praying that in the the High Court may be or direction more particularly declaring the action of the circumstances stated i pleased to issue an appropriate writ, order m the nature of a Writ of MANDAMUS one respondents subsidy amount of Rs. 94,54,766/- in not releasing the pending admitted (Rupees Ninty-Four LakhsFifty- FourThousand and Seven Hundred Sixty-Six only) for the years 2018-2019 towards supply of Power Tillers, Mini Tractors and Reapers under SMAM, RKVY Subsidy Schemes against the principles of respondents to release the as illegal, arbitrary and natural justice and consequently direct the subsidy amount of Rs. 94,54,766/- (Rupees and Seven Hundred Sixty-Six only) supply of Power Tillers, Mini Tractors Ninety-Four Lakhs Fifty-Four Thousand With interest forthwith towards Power Reapers under SMAM, 2019. and RKVY Subsidy Schemes for the years 2018- lA NO: 1 OF 2C)9ii Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to direct the respondents to release the pending admitted subsidy amount of Rs. 94,54,766/- (Rupees Ninety-Four Lakhs Fifty-Four Thousand and Seven Hundred Sixty-Six only) with interest forthwith towards supply of Power Tillers, Mini Tractors and Power Schemes for the years 2018-2019 Reapers under SMAM, RKVY Subsidy pending disposal of the above writ petition Counsel for the Petitioner: SRI SESHADRI GOALLA Counsel for the Respondent Nos.1 & 3: GP FOR AGRICULTURE Counsel for the Respondent No.2:GP FOR The Court made the following order: FINANCE AND PLANNING s APHC010250872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] =.1 Monday, the Twenty Eighth day of July Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 14937 of 2025 Between: Sri Rama Motor and General Stores ...Petitioner and ...Respondents The State of A.P. and others Counsel for the petitioner; I.Seshadri Goalla Counsel for the respondents: I.G.P. for Agriculture 2.G.P. for Finance Planning The Court made the following: 2 W.P.No.14937 of 2025 ✓ ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in not releasing the pending admitted subsidy amount of Rs.94,54,766/- (Rupees ninty- four lakhs fifty-four thousand and seven hundred sixty-six only) for the years 2018-2019 towards supply of Power Tillers, Mini Tractors and Reapers under SMAM, RKVY Subsidy Schemes, as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to release the subsidy amount of Rs.94,54,766/- (Rupees ninety- four lakhs fifty-four thousand and seven hundred sixty-six only) with interest forthwith towards supply of Power Tillers, Mini Tractors and Power Reapers under SMAM, RKVY Subsidy Schemes for the years 2018-2019 and to pass...” 02. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment has been made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. On the other hand, learned Assistant Government Pleader for Agriculture, while admitting about the claim of the petitioner, placed on record instructions received from the respondent No.3 vide Lr.No.Court Case/01/2025-1, dated 27.07.2025 stating that the government is releasing the lapsed budget in a phased manner for clearing pending bills and that after release of budget from the government, the amount, would be paid to the petitioner. " 03. 3 S W.P.No.14937 of 2025 04. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Agriculture, this Writ Petition IS allowed with a direction to the respondents to release the amount of Rs.94,54,766/- (Rupees ninety-four lakhs fifty-four thousand and seven hundred sixty-six only) to the petitioner, along interest as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of 12.10.2023, within a period of three (3) months from the date with the cases dated of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount the same shall also be paid as per the entitlement. It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before an appropriate forum. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Agriculture Department, State of Andhra Pradesh, Secretariat Buildings Amaravati, Velagapudi, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings Amaravati, Velagapudi, Guntur District. 3. The Commissioner and Director of Agriculture, Old Mirchi Yard, Nallapadu Road, Chuttagunta, Guntur, Guntur District. 4. One CC to Sri Seshadri Goalla, Advocate [OPUC] 5. Two CCs to GP for Agriculture, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. z' ssb HIGH COURT DATED:28/07/2025 ORDER WP No.14937 OF 2025 ALLOWING THE W.P. WITHOUT COSTS