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2025 DAILYLAW 32672 (AP)

SRI GOGINENI KISHORE BABU v. THE STATE OF AP

WP/24980/2024 · 2025-07-03

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■ J APHC010483382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24980 OF 2024 Between: Sri Gogineni Kishore Babu, S/o. Koteswara Rao, Aged about 53 years, Occ Agriculture, R/o. Door No. 3-11, Daliparru village, Ghantasala Mandal, Krishna District, A.P.- 521131 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, B.C Welfare Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Velagapudi, Amaravathi. 3. The Director of B C Welfare, Vijayawada, now NTR District, Andhra Pradesh. 4. The Director, E.B.C Corporation, Vijayawada, now NTR District, Andhra Pradesh. 5. The District Collector, Krishna District, A.P. 6. The District B C Welfare Officer, Krishna District, A.P. ...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 a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the action of the respondent no.s 1 to 6 in not release of the sanctioned amount Rs. 10 lakhs for financial assistance of my daughter Gogineni Anila under the scheme of VIDESHI VIDYA DEEVANA to EBC-Others Overseas scholarship application ID No. OV2019121832, for studying her Masters in Computer and Information Sciences at University of Cincinnati 2600 Clifton Ave Cincinnati OH 45221, United States, which is illegal, arbitrary, and unjust contrary to law and in violation of Article 14, 19, 21 of Constitution of India and principles of Natural Justice lA NO: 1 OF 2024 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 grant leave him to represent on behalf of his daughter as father in this Writ petition Counsel for the Petitioner: SRI PEDDI VIJAYBHASKAR Counsel for the Respondents No.1, 3, 5, 6: GP FOR SOCIAL WELFARE Counsel for the Respondent No.4: M/S. NIMMAGADDA VIJAYA SANTHI Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following order: APHC010483382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24980/2024 Between: 1.SRI GOGINENI KISHORE BABU, S/0. KOTESWARA RAO AGED ABOUT 53 YEARS, OCC AGRICULTURE R/0. DOOR NO. 3-11, DALIPARRU VILLAGE DISTRICT, A.P.-521131 GHANTASALA MANDAL, KRISHNA ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, B.C SECRETARIAT, WELFARE DEPARTMENT AMARAVATHI. VELAGAPUDI 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VELAGAPUDI,AMARAVATHI. SECRETARIAT 3.THE DIRECTOR OF B C WELFARE, VIJAYAWADA, NOW NTR DISTRICT, ANDHRA PRADESH. 4.THE DIRECTOR, E.B.C CORPORATION VIJAYAWADA, NOW NTR DISTRICT, ANDHRA PRADESH. 5.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, A.P. 6.THE DISTRICT B C WELFARE OFFICER, KRISHNA DISTRICT, A.P. ...RESPONDENT(S): 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 1 W.P.No.2498o^ pleased topleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the action of the respondent no.s 1 to 6 in not release of the sanctioned amount Rs. 10 lakhs for financial assistance of my daughter GOGINENI ANILA under the scheme of VIDESHI VIDYA DEEVANA to EBC-Others Overseas scholarship application ID No. OV2019121832, for studying her MASTERS IN COMPUTER AND INFORMATION SCIENCES at UNIVERSITY OF CINCINNATI 2600 Clifton Ave Cincinnati OFI 45221, United States, which is illegal, arbitrary, and unjust contrary to law and in violation of Article 14, 19, 21 of Constitution of India and principles of Natural Justice, and pass lA NO: 1 OF 2024 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 pleased to grant leave him to represent on behalf of his daughter as father in this Writ petition, and pass Counsel for the Petitioner: 1.PEDDI VIJAYBHASKAR Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. NIMMAGADDA VIJAYA SANTHI 3.GP FOR FINANCE PLANNING The Court made the following: :: ORDER:: Heard Sri Peddi Vijay Bhaskar, learned counsel for the petitioner; Smt. N.Vijayasanthi, learned counsel for respondent No.4, Smt. Swapna Priya, learned Assistant Government Pleader for respondents 1, 3, 5 and 6 and Smt. Naga Chandrika, learned Assistant Government Pleader for Finance, for respondent No.2. 2. The above writ petition has been filed to declare the action of the respondents in not releasing an amount of Rs. 10,00,000/-, sanctioned towards 3 of 5 SRS,J W.P.No.24980 of 2024 financial assistance for the petitioner’s daughter, Gogineni Anila, in pursuance of the application made vide Overseas scholarship application ID NO.OV2019121832 dated 15.04.2019, under the scheme of ‘Videshi Vidya Deevana to EBC-others’ (hereinafter referred to as ‘the scheme’), to prosecute masters in Computer and Information Sciences at University of Cincinnati, U.S.A., is illegal and arbitrary. Learned counsel for the petitioner would submit that the petitioner’s daughter made an application under the aforementioned scheme to prosecute masters in Computer and Information Sciences at University of Cincinnati. The petitioner’s daughter completed the Master's degree and received her certificate on 14.12.2019. Learned counsel would further submit that amount of Rs. 10,00,000/- was sanctioned to the petitioner’s daughter, under the scheme, and the petitioner requested respondents 3 to 6 to release the amount. However, the amount has not been released so far. 3. an 4. Learned counsel for respondent No.4 submitted instructions furnished by respondent No.4. It was stated that after the amount was sanctioned, the bill was uploaded in the CFMS portal vide bill No.2024-1766006 and the same was approved on 15.12.2024. However, it was closed by the Finance Department on 31.03.2025, with an endorsement ‘Bill returned to DDO as per Article 39 and 50 of Andhra Pradesh Financial Code, Vol.l’. 5. Since there was no representation for respondent No.4, when the matter was listed on 27.06.2025, this Court passed an order directing respondent No.4 to appear in person and assist the Court. Accordingly, the Managing Director, Bhimasankara Rao, Andhra Pradesh State Economically Backward Classes Welfare and Development Corporation, Vijayawada, appeared and assisted the Court. 6. The Managing Director would submit that the Government will release the budget, and thereafter, the authority will upload the bill. After uploading the m W.P.No.24980 bill, respondent No.2 will release the amount. He would submit that the bills will be uploaded within six weeks from today. 7. The said submission of the learned Managing Director is recorded. Given the facts and circumstances of the case and the submission of the Managing Director, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondent No.4 to upload the bill regarding the amount payable to the petitioner’s daughter under the scheme, within six weeks from the receipt of a copy of this order. The learned respondent No.2 shall release the amount, thereafter expeditiously as possible. No costs. 8. as As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1- The Principle Secretary State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravathi. 2. The Principal Secretary, State of Andhra Secretariat Velagapudi,Amaravathi. 3. The Director of B C Welfare B.C Welfare Pradesh, Finance Department Vijayawada, now NTR District , Andhra Pradesh. 4. The Director, E.B.C Corporation Pradesh. 5. The District Collector, Krishna Vijayawada, now NTR District, Andhra District, A.P. 6. The District B C Welfare Officer, Krishna District. A.P. 7. One CC to SRI PEDDI VIJAYBHASKAR Advocate [OPUC] 8. Two CCs to GP FOR SOCIAL WELFARE Pradesh [OUT] 9. One CC to M/S. NIMMAGADDA VIJAYA SANTHI Advocate [OPUC] 10.TWO CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 11 .Two CD Copies High Court of Andhra gsg HIGH COURT ( DATED: 04/07/2025 ORDER WP NO. 24980 OF 2024 g( 0 2 AUG 2025 IS ^ysi^ent Sectio^xC^ ^-sessMs:^^ DISPOSING THE WP WITHOUT COSTS