4" 6. APHC010314962025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) O A. Or §1 vo^ SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15884 OF 2025 Between: M/s. Raithumitra Bio Organic Fertilizer Visakapatnam, Rep by its Proprietor, Paydyya, Aged 57 years, R/o. Kothuru Post,Rannbili Visakapatnam, Andhra Pradesh - 531061 and Pesticides, D.No.3-171, Panduri Durga Rao, S/o.Panduri Mandal, Kothuru ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Welfare Department, Secretariat Buildings, Velagapudi Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary. Finance Secretariat Buildings, Velagapudi Secretary, Tribal Amaravathi, and Planning Department Amaravathi, Guntur District. 3. The District Collector, Srikakulam District. 4. The Project Officer, ITDA, Seethampeta Srikakulam District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the the High Court may be circumstances stated in the affidavit filed therewith pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents for with-holding the admitted amount of Rs.4,90,850/- (Rupees Four Lakh Ninety Thouand Eight Hundred and Fifty Only) for supply of the Fertilizers, Pesticides under the scheme MGNREGS Horticulture Plantation Programme by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, and 21 of the Constitution of India and for consequently direct the respondents to Rs.4,90,850/- (Rupees Four Lakh Ninety Thouand Eight Hundred and Fifty Only) with interest and other reliefs. lA NO: 1 OF 2025 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 release an amount of Rs.4,90,850/- (Rupees Four Lakh Ninety Thouand Eight Hundred and Fifty Only) into the petitioner account forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI DASARI S. V. V. S. V. PRASAD Counsel for the Respondent Nos.1,3 & 4: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING The Court made the following order: pay 1 1 SRK,J W.P.NO.15884 OF 2025 APHC010314962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3327] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15884/2025 Between: 1.M/S. RAITHUMITRA BIO ORGANIC FERTILIZER AND PESTICIDES,, D.NO.3-171, VISAKAPATNAM, REP BY ITS PROPRIETOR. PAYDYYA, AGED 57 YEARS. R/Q. KOTHURU POST.RANNBILI MANDAL, KOTHURU, VISAKAPATNAM, ANDHRA PRADESH - 531061 PANDURI DURGA RAO, S/O.PANDURI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TRIBAL WELFARE DEPARTMENT. SECRETARIAT BUILDINGS. VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT. AMARAVATHI, SECRETARY, SECRETARIAT BUILDINGS. VELAGAPUDI GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 4.THE PROJECT OFFICER, ITDA, SEETHAMPETA, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S); I 2 SRK,J W.P.NO.15884OF 2025 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 pleased tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents for with-holding the admitted amount of Rs.4,90,850/- (Rupees Four Lakh Ninety Thouand Eight Hundred and Fifty Only) for supply of the Fertilizers, Pesticides under the scheme MGNREGS Horticulture Plantation Programme by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, and 21 of the Constitution of India and for consequently direct the respondents to pay Rs.4,90,850/- (Rupees Four Lakh Ninety Thouand Eight Hundred and Fifty Only) with interest and other reliefs and to pass lA NO: 1 OF 2025 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 may be pleased to direct the Respondents to release amount of Rs.4,90,850/- (Rupees Four Lakh Ninety Thouand Eight Hundred and Fifty Only) into the petitioner account forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2.GP FOR FINANCE PLANNING The Court made the following; an it - 4 3 "S SRK,J W.P.N0.15884OF2025 ORDER This Writ Petition is filed challenging the action of respondents in withholding the payments of pending amount of Rs.4,90,850/- for supply of the fertilizers, pesticides and organic manures to ITDA Seethampta under the scheme of MGNREGS Horticulture Plantation Programme by the petitioner’s firm-M/s.Raithumitra Bio Organic Fertilizer and Pesticides. 2. Contents of the affidavit filed in support of the Writ Petition, in brief, are that the petitioner-firm supplied fertilizers, pesticides, and organic manures to ITDA, Seethampeta, under the MGNREGS Horticulture Plantation Programme Scheme for the year 2014-2015. Pursuant to the instructions issued by the 4*^ respondent-Projec t Officer, ITDA, Seethampeta, Srikakulam, the petitioner’s firm supplied the aforesaid material and handed over the same to the beneficiaries. For such supply, the Government was required to release an amount of Rs. 12,76,450/-. Out of the said amount, a sum of Rs.7,85,600/- was paid to the petitioner in two phases, leaving a balance of Rs.4,90,850/- payable to the petitioner’s firm. However, the respondents failed to release the said balance amount. Despite repeated demands, including a representation dated 17.03.2019, no action has been taken. The action of the respondents in withholding the legitimate dues of the 4 SRK,J W.P.N0.15884 0F2025 unconstitutional. Hence, the petitioner is illegal, arbitrary, and Writ Petition. present 3. Learned Government Pleader instructions, submitted that 4**" the Director of Tribal Welfare, PR & RD, Tadepalli, for release said funds from the Commissioner amount of Rs.4,90,850/- will be V firm. for Social Welfare respondent forwarded the on proposals to Vijayawada, and to the Commissioner, Of funds; and that upon receipt of the PR & RD, Tadepalli, the balance released in favour of the petitioner’s 4. Heard learned Government Pleader for Social Welfare. counsel for the petitioner and the learned 5. This Court, i learned single Judge of this of 2021 and batch had taken the vi arbitrary and that such dues the earliest. in various orders, including the judgment of a court, dated 05-10-2021 in W.P.No.10038 - view that such non-payment of dues is need to be cleared by the respondents at 6. Having regard to the directions of this Court in various cases and in view of the submissions Pleader for Social Welfare directed to release the ninety thousand eight hundred made by the learned Government on instructions, the respondents are (Four lakhs and fifty only) to the petitioner within a pending amount of Rs.4,90,850/- <v. 5 SRKJ W.P.NO.15884OF2025 period of six (06) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner is entitled to claim interest @ 6% per annum from the date of order till the date of realization. 7. With the above direction. Writ Petition is disposed of. There shall be no order as to costs. 8. As a sequel thereto, the miscellaneous applications, if any. pending in this Writ Petition, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, ■■ « f 1. The Principal Secretary, Tribal Welfare Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 3. The District Collector, Srikakulam District. 4. The Project Officer, ITDA, Seethampeta, Srikakulam District, Andhra Pradesh. 5. One CC to Sri Dasari S. V. V. S. V. Prasad, Advocate [OPUC] 6. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:30/08/2025 ORDER WP No.15884 OF 2025 OF 5 I T SEP 2025 ^ . Current Section . X^«spatchfS- DISPOSING OF THE W.P. WITHOUT COSTS