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2025 DAILYLAW 23629 (AP)

M/s. Sri Lakshmi Ganesh Tractors, v. The State of Andhra Pradesh,

WP/16977/2025 · 2025-07-17

B S Bhanumathi

body2025

Judgment text

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p VL n APHC010333182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY^ TWO THOUSAND AND TWENTY FIVE _ PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 16977 OF 2025 Between: M/s. Sri Lakshmi Ganesh Tractors, Nellore, SPSR Nellore District, Andhra Pradesh Rep by its Managing Partner, Potham Madhusudan Reddy, S/o. P.Rama Subba Reddy, Hindu, Aged49 years, R/o 80-117,^2, Abbas Nagar, Opp Krishna Nagar, VTC, Kurnool, Kurnool District. ' ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Agricultural Department, Secretariat Buildings, Velagapudi, Amaravathi, District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finaince and Planning Department Amaravathi Guntur District. 3. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Agricultural Department, Old Mirchi Yard, Nallapadu Road, Guntur District. 4. The Joint Director, Agriculture Department, SPSR Nellore District. Guntur Secretariat Buildings, Velagapudi, ...Respondents 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 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 amount of Rs.e.ZS^OOO/- (Rupees Six Lakhs and Seventy Five thousand only) for supply of the agriculture machinery i.e.. Tractors and Farm Implements under the scheme of Rythu Radham (SDP) 2018-19 SMAM by the petitioner firm is illegal, arbitrary and violation of Article and 300-A of the Constitution of India and consequently, direct the respondents to pay the admitted amounts of Rs.6,75^0/- (Rupees Six Lakhs and Seventy Five thousand only)with cumulative interest. and 14, 19, 21 U-'" 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 1 to 4 Respondents to release Six Lakhs and Seventy Five thousand only)with interest the petitioner account, 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 AGRICULTURE Counsel for the Respondent No.2:GP FOR FINANCE The Court made the following order: an amount of Rs.6,75,000/-(Rupees and other reliefs in to AND PLANNING f APHC010333182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Friday, the Eighteenth Day of July Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 16977 of 2025 Between: M/s. Sri.Lakshmi Ganesh Tractors ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: I.Dasari S.V.V.S.V. Prasad Counsel for the respondents: I.G.P. for Agriculture 2.G.P. for Finance Planning The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue an appropriate Writ, Order or direction more ,, particularly one in the nature of Writ of Mandamus declaring 2 W.P.No.16977 of 2025 the action of the Respondents for with-holding the amount of Rs.6,75,000/- (Rupees Six Lakhs and Seventy Five thousand only)for supply of the agriculture machinery i.e.. Tractors and Farm Implements under the scheme of Rythu Radham (SDP) 2018-19 and SMAM by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondents to pay the admitted amounts of Rs.6,75,000/- (Rupees Six Lakhs and Seventy Five thousand only)with cumulative interest...” Sri.T.Raghu, Assistant Government Pleader for Agriculture representing the respondents No.1, 3 and 4 placed on record written instructions of the Director of Agriculture, Andhra Pradesh, addressed to the Government Pleader for Agriculture, vide Lr.No.Court case/01/2025 dated 15.07.2025 which states that the petitioner had not provided any documentary evidence, such as, certified invoices, approved status on the D.B.T. portal, purchase orders, permission letters, relevant sanction proceedings to substantiate the amount claimed in the petition, however on verification of the available record, it was found that the total supply subsidy value is Rs.21,75,000/- under S.M.A.M, R.R, out of which an amount of Rs. 16,50,000/- had been released to the account of the petitioner under Rythu Radham and therefore, the amount due is only Rs.5,25,000/-. It is also mentioned that the government is releasing the budget in phased manner and accordingly, the Department of Agriculture is taking action as per the procedure for release of the subsidy amount and sought permission of the Court to permit the respondents No.1 and 3 to clear the eligible amount to the firm after receipt of budget from the respondent No.2 and for the said purpose 2 3 W.P.No.16977 of 2025 this Court to direct the petitioner to submit the required <^ocuments to the respondent No.3. The learned Assistant Government Pleader requested to dispose of the writ petition accordingly. Mrs.K.Lakshmi, learned counsel representing the learned counsel for the petitioner requested to dispose of the writ petition directing the respondents to immediately release the amount of Rs.5,25,000/- submission of required documents by the petitioner and to give the support 3. on petitioner liberty to pursue the claim for the balance amount of Rs. 1,50,000/- before the concerned authorities by submitting representation supported by record. 4. In the result, the writ petition is disposed of directing the petitioner to submit all the necessary documents to the respondents 'Within three weeks and on such submission of the documents, the respondents shall within one month pay the petitioner an amount of Rs.5,25,000/- and the petitioner is given liberty to pursue the claim for the balance amount of Rs. 1,50,000/- before the concerned authorities by submitting representation supported by record. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary Pradesh, District. 2- The Principal Secretary, Andhra Pradesh, <Duntur District. Agricultural Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravathi Guntur Finance and Planning Department, State of Secretariat Buildings, Velagapudi, Amaravathi ^ 3. The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Agricultural Department, Old MirchiVard, Nallapadu'^Roa d, Guntur District. 4. The Joint Director, Agriculture Department, SPSR Nellore District. 5. One CC to Sri Dasari S. V. V. S. V. t^rasad. Advocate [OPUC] 6. TwoCCsto GP for Agriculture^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: 18/07/2025 i ORDER WP No. 16977 OF 2025 ^TOFANO^ I 3 0 jiii ?n?5 m Current Section ^ ^ disposing of the w.p. WITHOUT COSTS