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2025 DAILYLAW 32867 (AP)

VADDE NAGARAJU v. The State of Andhra Pradesh,

WP/25111/2024 · 2025-07-20

B S Bhanumathi

body2025

Judgment text

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APHC010487642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■Ai- MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B. S. BHANUMATHI WRIT PETITION Nos: 25111 AND 25176 OF 2024 WRIT PETITION NO: 25111 OF 2024 Between: Vadde Nagaraju, S/o. Muthyalappa, Aged about 51 years, Occ; Business, H.No. 1-631, Gorantia village and Mandal, Ananthapuramu District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary (Forests), EFS & D Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Amaravathi. 3. The Divisional Forest Officer, Anantapuramu Division, Anantapuramu District. 4. The District Forest Officer, Anantapuramu District. 5. The Forest Range Officer, Bukkapatnam, Anantapuramu District. ...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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 in not paying the amount of Rs.21,00,000/- (Rupees Twenty One Lakh only) for supply of Seed for Scooping and Dibbling of Seed to various Beats in w Bukkapatnam Range, Anantapuramu District under Mahathma National Rural Employment Guarantee Scheme, though acknowledgment of Certificate of receipt of seeds from the petitioner is made on 13-04-2022 and failed to remit the amounts into the account of the petitioner even after completion of more than two years is illegal, arbitrary and unconstitutional and consequently direct respondents to consider for payment an amount of Rs.21,00,000/- (Rupees Twenty One Lakh only) along with interest at the rate of 24 percent per annum for the delayed payment to the petitioner forthwith. Gandhi lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay an amount of Rs.21,00,000/- (Rupees Twenty One Lakh only) to the petitioner in relation to supply of Seed for Scooping and Dibbling of Seed to various Beats in Anantapuramu District in view of Certificate issued by the 5th respondent, dated 13-04-2022 and 09-08-2022, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos.1, 3 to 5 : GP FOR FORESTS Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING APHC010487692024 WRIT PETITION NO: 25176 OF 2024 Between: Vadde Nagaraju, S/o. Muthyalappa, Aged about 51 years, Occ: Business H.No. 1-631, Gorantia village and Mandal, Ananthapuramu District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary (Forests), EFS & D Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance & Planning, Secretariat Buildings, Amaravathi. 3. The Divisional Forest Officer, Proddatur (WL) Division, District. 4. The Forest Range Officer, Muddanur, YSR Kadapa District. 5. The Forest Range Officer, Badvel, YSR Kadapa District. 6. The Forest Range Officer, Porumamilla, YSR Kadapa District. YSR Kadapa ...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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in not paying the amount of Rs. 16,00,000/- (Rupees Sixteen Lakhs only) for supply of Seedlings worth of Rs.7,10,000/- to the Forest Range Officer, Muddanur, Rs. 1,00,000/- worth of naked seedlings to the Forest Range Officer, Badvel during 2018-19 and seed dibbling under MGNREG Scheme to the Forest Range Officer, Porumamilla for which an amount of Rs.7.00 lakhs during the year 2019-20 and other VIP Plants, though acknowledgment of seedlings received by the above Forest Range Officers respectively and failed to remit the amounts into the account of the petitioner even after completion of more than four years is illegal, arbitrary and unconstitutional and consequently direct the respondents to consider for payment an amount of Rs. 16,00,000/- (Rupees Sixteen Lakhs only) along with interest at the rate of 24% per for the delayed payment to the petitioner forthwith. annum lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents amount of Rs. 16,00,000/- (Rupees Sixteen Lakhs only) to the to pay an petitioner in relation to for supply of Seedlings to the Forest Range Officer, Muddanur, naked seedlings to the Forest Range Officer, Badvel and seed dibblling under MGNREG Scheme to the Forest Range Officer, Porumamilla, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos.1, 3 to 6 : GP FOR FORESTS Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING The Court made the following Common order: APHC010487642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3311] Monday, the twenty first day of July two thousand and twenty five Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 25111 of 2024 & Writ Petition No.25176 of 2024 Writ Petition No: 25111 of 2024 Between: I.Vadde Nagaraju, S/o Muthyalappa, aged about 51 H.No.1-631 Ananthapuramu District. years, occ: and Mandal, business. Gorantia village ...Petitioner and I.The State of Andhra Pradesh (Forests), I Velagapudi, Amaravathi. 2.The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Finance & Planning, Secretariat buildings, Amaravathi. rep. by Principal Secretary EFS & D Department, Secretariat Buildings, S.The Divisional Forest Anantapuramu district. Officer, Anantapuramu division. 4.The District Forest Officer, Anantapuramu district. S.The Forest Range Officer, Bukkapatnam, Anantapuramu district. ...Respondents WP No.25111 & 25176 of 202^ 2 Writ Petition No.25176 of 2024 Between: I.Vadde Nagaraju, S/o Muthyalappa, aged about 51 years, occ business, H.No.1-631, Gorantia village and Mandal, Ananthapuramu District. ...Petitioner and I.The State of Andhra Pradesh, rep. by Principal Secretary EPS & D Department, Secretariat Buildings, (Forests), Velagapudi, Amaravathi. 2.The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Finance & Planning, Secretariat buildings, Amaravathi. 3.The Divisional Forest Officer, Proddatur (W.L.) division, YSR Kadapa district. 4.The Forest Range Officer, Muddanur, YSR Kadapa district. 5.The Forest Range Officer, Badvel, YSR Kadapa district. 6.The Forest Range Officer, Porumamilla, YSR Kadapa District ... Respondents Counsel for the Petitioner: I.Vutupalli Rajanna Counsel for the Respondent(S): I.G.P. for Forests 2.G.P. for Finance Planning The Court made the following: WP No.25111 & 25176 of 2024 3 ■^v COMMON ORDER: Writ Petition No.25111 of 2024 is filed under Article 226 of the Constitution of India to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents no.2 to 4 in not paying the amount of Rs.21,00,000/- (Rupees twenty one lakh only) for supply of Seed for Scooping and in Bukkapatnam Range, Dibbling of Seed to various Beats Anantapuramu District under Mahathma Gandhi National Rural Employment Guarantee Scheme, though acknowledgment of Certificate of receipt of seeds from the petitioner is made on 13-04-2022 and failed to remit the amounts into the account of the petitioner even after illegal, arbitrary and completion of more than two years is unconstitutional and consequently direct the respondents to consider for payment of an amount of Rs.21,00,000/- (Rupees Twenty One Lakh only) along with interest at the rate of 24 percent per annum for the delayed payment to the petitioner. Writ Petition No.25176 of 2024 is filed under Article 226 of the Constitution of India to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2. Respondents No.2 and 3 in not paying the amount of Rs. 16,00,000/- supply of Seedlings worth of (Rupees Sixteen Lakhs only) for Rs.7,10,000/- to the Forest Range Officer, Muddanur, Rs. 1,00,000/- worth of naked seedlings to the Forest Range Officer, Badvel during 2018-19 and seed dibbling under Mahathma Gandhi National Rural Employment Guarantee Scheme to the Forest Range Officer, Porumamilla for which an amount of Rs.7.00 lakhs during the year 2019-20 and other V.I.P. Plants, though acknowledgment of seedlings received by the above Forest Range Officers respectively and failed to the account of the petitioner even after years is illegal, arbitrary and remit the amounts into completion of more than four unconstitutional and consequently direct the respondents to consider T 4 WP No.25111 & 25176 of 202^ for payment an amount of Rs. 16,00,000/- (Rupees Sixteen Lakhs only) along with interest at the rate of 24 percent per annum for the delayed payment to the petitioner. 3. Counter is filed in W.P.No.25176 of 2024 stating that the claim of the petitioner was not supported by submission of bills and the other necessary documents. It is represented that the subject matter in both the writ petitions is similar. The learned counsel for the petitioners requested to dispose of the petitions by giving liberty to the petitioner to submit the bills to the Forest Range Officer, Bukkapatnam, Anantapuram District in W.P.No.25111 of 2024 and Porumamilla, YSR Kadapa District in W.P.No.25176 of 2024 within the time fixed by this Court and on submission of such bills, the respondents may be directed to pass appropriate order within the time fixed by this Court. 4. The learned Assistant Government Pleader for Forests submitted that unless the necessary documents are submitted by the petitioner to the concerned Forest Range Officer, the claim cannot be settled. 5. Considering the submissions on both sides, both the writ petitions are disposed of directing the petitioner to submit all the necessary documents to the concerned Forest Range Officer within one (1) month from today and thereafter within one (1) month^the concerned Forest Range Officer shall pass appropriate order. There shall be no order as to costs. 6. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary (Forests), EFS & D Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. Pi 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Amaravathi. 3. The Divisional Forest Officer, Anantapuramu Division, Anantapuramu District. 4. The District Forest Officer, Anantapuramu District. 5. The Forest Range Officer, Bukkapatnam, Anantapuramu District. 6. The Divisional Forest Officer, Proddatur (WL) Division, YSR Kadapa District. 7. The Forest Range Officer, Muddanur, YSR Kadapa District. 8. The Forest Range Officer, Badvel, YSR Kadapa District. 9. The Forest Range Officer, Porumamilla, YSR Kadapa District. 10. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] 11. Two CCs to GP for Forests, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies Cnr % ^ w HIGH COURT Cnr DATED:21/07/2025 C.C. BY 23.07.2025 COMMON ORDER WP Nos. 25111 and 25176 OF 2024 5 23 jm m m Of, Suri'eiu ScOiOA ^ Or DISPOSING OF THE W.Ps WITHOUT COSTS