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2025 DAILYLAW 29812 (AP)

JONNADULA SATYANARAYANA v. THE STATE OF AP

WP/22432/2024 · 2025-01-23

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010428122024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION Between: Jonnadula Satyanarayana The State Of Ap and Others Counsel for the Petitioner: 1. M DURGA PRASAD RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE 3. GP FOR FINANCE PLANNING The Court made the following: The present Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “...may be pleased to issue an appropriate writ order or direction more particularly one in the nat MANDAMUS declaring action of the respondents in not releasing 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22432/2024 ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: M DURGA PRASAD RAO Counsel for the Respondent(S): GP FOR SOCIAL WELFARE PLANNING The Court made the following: The present Writ Petition is filed under Article 226 of the Constitution of India, may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of MANDAMUS declaring action of the respondents in not releasing IN THE HIGH COURT OF ANDHRA PRADESH [3329] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ...PETITIONER ...RESPONDENT(S) The present Writ Petition is filed under Article 226 of the Constitution of India, may be pleased to issue an appropriate writ order or ure of Writ of MANDAMUS declaring action of the respondents in not releasing 2 financial assistance of Rs.10,00,000/- (Rupees Ten Lakhs only) to the son of the petitioner Jonnadula Bhargava under application ID No.OV2018119958 despite sanction of funds by the Government as per G.O.Rt.No.174 dated 07.12.2017 r/w G.O.Ms.No.29 dated 27.08.2016 as illegal arbitrary unconstitutional and consequently direct the respondents to release financial assistance of Rs.10,00,000/- (Rupees Ten Lakhs only) to the son of the petitioner Jonnadula Bhargava under application ID.No.OV2018119958 as per G.O.Rt.No.174 dated 07.12.2017 r/w GO.Ms No.29 dated 27.08.2016 forthwith and to pass order/s..” 2. It is the contention of the petitioner that even though the respondents admitted that the son of the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 4. On the other hand, learned Government Pleader for the Respondents placed on record the written instructions dated 04.11.2024 issued by the Respondents / the Director, BC Welfare Department, Vijayawada, wherein it is stated that as per the Vigilance & Enforcement Department, the son of the writ petitioner i.e. Sri Jonnadula Bhargava under the scheme of N.T.R. Videshi Vidyadharana Overseas Scholarship, vide Application ID No. OV2018119958 3 is eligible for payment for amount of Rs.10,00,000/-. It is further stated that the bill for an amount of Rs.10,00,000/- of the student bearing No.2024- 510508 has already been forwarded to Treasury through Andhra Pradesh Backward Classes Co-operative Finance Corporation and is waiting for fund clearance. He would submit that, since the budget was not released by the Government, the bills were not paid to the son of the petitioner. Soon after release of the budget by the Government, the bills will be paid to the son of the petitioner. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the Respondents, in view of the aforesaid directions of this Court in various cases and on perusal of the written instructions dated 04.11.2024 issued by the Respondents / the Director, B.C. Welfare Department, Vijayawada, this Court is of the considered view that the present Writ Petition can be disposed of, with a direction to the Respondents to release the amount of Rs.10,00,000/- to the son of the petitioner within a period of three (03) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 4 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 23rd January, 2025 KKKKVV 5 245 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22432 of 2024 Dated 23.01.2025 KKKKVV