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2025 DAILYLAW 18164 (AP)

SRI RAGHAVA AGENCIES v. THE STATE OF AP

WP/14938/2025 · 2025-07-27

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

•i APHC010250972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 14938 OF 2n9fi / Between; Sri Raghava Agencies, Rep. by its Proprietor, Balusu Sree Rama Murthy, S/o Veera Raghavulu, Complex, Kothi Bomma Centre Near Water Tank aged 62 Years, Occ Business, Office at Bhargavi Gudivada, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture Department, Secretariat Buildings, Amaravati, Velagapudi, Guntur District. 2. The State of Andhra Pradesh Department, Secretariat Buildings District. 3. The Commissioners Director of Agriculture, Road, Chuttagunta, Guntur, Guntur District. Rep. by its Principal Secretary, Finance Amaravati, Velagapudi, Guntur Old Mirchi Yard, Nallapadu ...RESPONDENTS ' Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue may be an appropriate writ, order in the nature of a Writ of MANDAMUS or direction more particularly one declaring the action of the respondents in not releasing the pending admitted subsidy amount of Rs. 7,22,309 or the L years 2018-2019 towards supply of Power Tillers, Mini Tractors and Reapers under SMAM. RKVY Subsidy Schemes principles of natural justice . as illegal, arbitrary and against the and consequently direct the respondents to Twenty- and Nine only)) with interest forthwith Mini Tractors and Power Reapers the years 2018-2019. release the subsidy amount Two Thousand and Three Hundred of Rs.7,22,309/- (Rupees Seven Lakhs towards supply of Power Tillers, , SMAM. RKVY Subsidy Schemes for under [A NO: 1 OF 7r\o^ in the Section 151 CPC prayrng that in the circumstances stated the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the 7 99 9nQ/ /D pending admitted subsidy amount of Rs. and N Hundred and Nine only)) with interest forthwith Tractors and Power Reapers under SMAM, RKVY Subsidy Schemes for the years 2018-2019, pending disposal of the above towards supply of Power Tillers, Mini writ petition. Counsel for the Petitioner: Counsel for the Respondent Nos.1 Counsel for the Respondent No.2; The Court made the following SRI SESHADRI GOALLA ^ & 3: GP FOR AGRICULTURE GP FOR FINANCE AND PLANNING order: \ APHC010250972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Eighth day of July Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 14938 of 2025 Between: Sri Raghava Agencies ...Petitioner and The State of A.P. and others ...Respondents Counsel for the petitioner: I.Seshadri Goalla Counsel for the respondents: 1 .G.P. for Agriculture 2.G.P. for Finance Planning The Court made the following: / 2 W.P,No.14938 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.7,22,309/- (Rupees seven lakhs twenty-two thousand and three hundred and nine 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.7,22,309/- (Rupees seven lakhs twenty-two thousand and three hundred and nine 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 pass...” f ( 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. 02. 03. 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/01/2025-2, 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. \ 3 W.P.No.l4938 of2025 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.7,22,309/- (Rupees seven lakhs twenty-two thousand and three hundred and nine only) to the petitioner, along with the interest per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of three (3) weeks from the date 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. 04. as There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, i; . 1. The Principal Secretary, Agriculture Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Velagapudi, Guntur District. The Principal Secretary 2. Finance Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati,Velagapudi,Guntur District. The Commissioners Director of Agriculture, Old Mirchi Yard, Nallapadu Road, Chuttagunta, Guntur, Guntur District. One CC to Sri Seshadri Goalla, Advocate [OPUC] Two CCs to GP for Agriculture, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra ' Pradesh [OUT] 3. 4. 5. / / 6. 7. Two CD Copies. ssb m HIGH COURT DATED:28/07/2025 ORDER WP No.14938 OF 2025 2 AUG 2025 1 «9 ALLOWING THE W.P. WITHOUT COSTS