APHC010368492023 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: 19084/2023 Between: 1. M/S. ALOK ENTERPRISES,, H.O- D.NO.28-11-27/3, SURYABAGH, VISAKHAPATNAM - 530020 REP BY ITS PROPRIETOR, JETHMAL BEGWANI, S/O N.C.BEGWANI, HINDU, AGED 67 YEARS, R/O 30-12- 14, F.NO.404, RANGAREDDY STREET, NEAR PRINCE LODGE, DABAGARDENS, VISAKHAPATNAM (URBAN), VISAKHAPATNAM, ANDHRA PRADESH - 530020. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. INTEGRATED WATER MANAGEMENT PROGRAMME, (IWMP) REP BY ITS WATERSHED PROJECT OFFICER, SALUR, PARVATHIPURAM MANYAM DISTRICT. 4. THE PROJECT OFFICER, ITDA, PARVATHIPURAM MANYAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): SRS,J W.P.No.19084 of 2023 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 with-holding the amount of Rs.27,27,926.60 Ps (Rupees Twenty seven lakhs twenty seven thousand nine hundred Twenty six and sixty paise Only) from the year 2018- 2019 for supply of the agriculture machinery i.e., Honda Oil Engines by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, 21 86 300-A of the Constitution of India and consequently, direct the respondents to pay the admitted amounts of Rs.27,27,926.60 Ps (Rupees Twenty seven lakhs twenty seven thousand nine hundred Twenty six and sixty paise Only) with cumulative interest, and to 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 release an amount of Rs.27,27,926.60 Ps (Rupees Twenty seven lakhs twenty seven thousand nine hundred Twenty six and sixty paise Only) into the petitioner account forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of the respondent authorities, in withholding the amount of Rs.27,27,926.60, for supply of SRS,J W.P.No.19084 of 2023 agricultural machinery i.e. Honda Oil Engines, by the petitioner firm, is illegal and arbitrary. 2. Heard Smt. Kondi Setty Sri Lakshmi, learned counsel for the petitioner and Smt. Ch. Swapna Priya, learned Assistant Government Pleader for Social Welfare, appeared for respondents 1, 3 & 4 and Smt. D. Naga Chandrika, learned Assistant Government Pleader for Finance, appeared for respondent No.2. 3. The petitioner is a firm, authorised dealer of Honda Oil Engines. Respondent No.1 introduced various schemes. One such scheme is for the implementation of production systems improvement under IWMP (Watershed) for the supply of Agricultural and Horticulture inputs to ITDA Parvathipuram under subsidy. The said scheme was introduced to the farmers to uplift their lifestyle as well as financial conditions and to reduce the manual, traditional agriculture in the State by farm mechanisation. The petitioner is one of the suppliers. As per the directions and conditions imposed by the respondent authorities, the petitioner supplied the machinery to the farmers as per the indent letter No.C.No.ITDA PVP IWMP (IMP) 47/sa/2018 of ITDA Salur. The respondent authorities created a web portal, DBT (Direct Benefit Transfer). All the materials supplied by the petitioner firm are reflected on their web portal. The petitioner is entitled to an amount of Rs.27,27,926.60. However, the same was not paid. 4. A counter affidavit was filed on behalf of respondent No.4. Para Nos.5 & 6 of the counter affidavit are extracted herewith: “5. It is respectfully submitted that as per the request made by the firm Alok Enterprises, Visakhapatnam the Project Officer, ITDA Parvathipuram released the 10% Contribution amount of Rs.3, 03,100/- (Rupees Three Lakhs Three Thousand One Hundred Only) in favour of Alok Enterprises, Visakhapatnam by way of Cheque bearing No.521787 Dt.11.11.2021 Out of the total worth of bills of Rs.30, 31,000/-. The balance payment of Rs. 27, SRS,J W.P.No.19084 of 2023 27,900/- (Rupees Twenty Seven lakhs Twenty Seven thousand Nine hundred only) to be released. The details shown below for information. S.No. Name of the Product & Cost No. Total Amount 10% Contribution Amount paid to Supplier FTO Generated for Balance Amount to the PO, ITDA, PVP 1 2HP Oil Engines @22000 130 28,60,000 2,86,000 25,74,000 2 Battery Sprayers@4500 38 1,71,000 17,100 1,53,900 Total 168 3031000 303100 2727900 6. It is respectfully submitted that the remaining balance amount of Rs.27,27,900.00 ( Rupees Twenty Seven lakhs Twenty Seven thousand Nine hundred Only) amount to be paid after release fo the above amount by the Commissioner, PR & RD, Andhra Pradesh, Vijayawada, as per the FTO’s already generated in favour of Project Officer, ITDA, Parvathipuram (Copy of FTOs are herewith submitted for favour of perusal).” 5. A perusal of the averments made in the counter affidavit, there is no dispute regarding the petitioner’s entitlement. 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.” 6. 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 SRS,J W.P.No.19084 of 2023 Rs.27,27,900/- 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 SRS,J W.P.No.19084 of 2023 234 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19084 OF 2023 Date : 01.04.2025 TVN