APHC010506682011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0'- WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25123 OF 2011 Between: M/s. Sri Lakshmi Decorticators, Rep by its Proprietor R. Narayana 1/40, Chemmumiapeta, Rayachoti Road, Near Railway Gate, Kadapa, Kadapa District. ...Petitioner AND The A.P. State Seeds Development Corporation Ltd., Rep. by its Vice- Chairperson & Managing Director, II Floor, HACA Bhavan, Hyderabad. ...Respondent 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 order or direction more particularly in the nature of writ of Certiorari calling for records pertaining to orders dt. 24.6.2011 vide Proc. Nos. SSDC/ADmn/Prod/2010-11/1536, and Quash the same by declaring them illegal, arbitrary, and violation of principles of natural justice and vioaltion of Articles 14,19(1 )(g) and 21 of the Constitution of India and consequently direct the respondent to release an amount of Rs. 36,47,750/- along with interest @ 24% P.A. from the date of due till the realization. as lA NO: 1 OF 2011(WPMP 30894 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated »ri*the affidavit filed in support of the writ petition, the High Court may be vpleased direct the Respondent herein to suspend the operation of orders dt. 24.6.2011 vide Proc. SSDC/ADmn/Prod/2010-11/1536. Counsel for the Petitioner: SRI P. PRAVEEN FOR SRI P. S. P. SURESH KUMAR Counsel for the Respondent: SRI A. V. KONDAIAH Counsel for the Respondent: MUMMANENI SRINIVASA RAO The Court made the following order: APHC010506682011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE THIRTEENTHDAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25123/2011 Between: 1.SRI LAKSHMI DECORTICATORS, KADAPA DiST, REP BY ITS PROPRIETOR R. NARAYANA 1/40, CHEMMUMIAPETA, RAYACHOTI ROAD, NEAR RAILWAY GATE, KADAPA, KADAPA DISTRICT ...PETITIONER AND 1.VICE CHAIEPERSON M D AP SEEDS DEVP CORP LTD HYD, REP BY ITS VICE-CHAIRPERSON & MANAGING DIRECTOR, II FLOOR, HACA BHAVAN, HYDERABAD ...RESPONDENT Counsel for the Petitioner: 1.P S P SURESH KUMAR Counsel for the Respondent: 1.A VKONDAIAH The Court made the following: ORAL ORDER: Heard Sri P. Praveen, learned Counsel appearing on behalf of Sri P.S.P. Suresh Kumar, learned Counsel for the Writ Petitioner and Sri A.V. Kondaiah, learned Standing Counsel for Andhra Pradesh State Seeds Development Corporation Limited. w •pwm 2 ThG pr6S6nt Writ Pstition is fil6d SGGking following prayor! / therefore pray the Hon’ble Court that it may be pleased to issue order or direction more particularly in the nature of Writ of Certiorari calling for records pertaining to orders dt. 24.6.2011 vide Proc. Nos. SSDC/ADmn/Prod/2010-11/1536, and Quash the same by declaring them as illegal, arbitrary, and violation of principles of natural justice and violation of Articles 14,19(1)(g) and 21 of the Constitution of India and consequently direct the respondent to release an amount of Rs. 36,47,750/- along with interest @ 24% P.A. from the date of due till the realization and pass such other order orders as the Honble Court may deems fit and the Interest ofJustice.” On the ground of certain allegations levelled against the Petitioner, the ■7-* sole Respondent Corporation has withheld an amount of Rs.36,47,750/-. The facts would indicate that based on the allegations made against the Petitioner, the Vigilance Department lodged a Criminal complaint bearing Crime No.66 dated 24.04.2010. The complaint was filed by the Joint Director of Agriculture, Kakinada, regarding irregularity and misappropriation of subsidy to the tune of Rs.35,39,000/-. The material collected by the Vigilance Wing was also produced in the Criminal case. After a full trial, C.C. No.29 of 2012, initiated against the Petitioner herein, was dismissed, resulting in a clean acquittal. The relevant portion of the Order passed by the Judicial Magistrate of I Class, Special Mobile Magistrate, Kadapa, in C.C. No.29 of 2012 dated 11.01.2016 is usefully extracted hereunder: 2. or proper in 3. “Considering the evidence of Pws 1 and 2 there a clear procedure in proof for distributing the subsidy groundnut seeds to the farmers and there is no chance for misappropriation of subsidy seeds. Moreover no farmer gave any complaint to anybody. Hence, under the above Circumstances, the evidence of P.Ws 1 and 2 and the material and exhibits placed before the Court is not helpful to the case of the prosecution to prove the guilt of the accused. Hence, the prosecution is miserably failed to prove the guilt of the accused beyond all reasonable doubt. Hence, the accused is arq entitled for acquittal. was 3 17. In the result, the accused 1 to 5 are found not guilty for the offence punishable U/Sec.417, 420, 409, 468, 471 r/w 34 IPC and accordingly they are acquitted Under Sec.248 (1) Cr.P.C. The bail bonds of accused shall stands cancelled. Accused shall execute a bond U/sec. 437(A) Cr.P.C and that they shall appear before the Appellate Court In the event of they receives summons within six months from today. The unmarked property if any shall be destroyed after appeal time is over. ” 4. In the said Criminal case, the Proprietor of the Petitioner Company had been accused as A1. The said extract would indicate that the Proprietor of the Petitioner Company got a clean acquittal. On enquiry made by this Court, the learned Standing Counsel for Respondent has submitted that there is no other enquiry pending against either the Petitioner Company or its Proprietor and that the Order passed by the Criminal Court dated 11.01.2016 in C.C.No.29 of 2012 has attained finality, inasmuch as neither the Respondent nor the State had preferred any Revision or Appeal. 5. 6. The Respondent has filed Counter-Affidavit. The contents of the Counter-Affidavit would indicate that the Respondent is relying on the Criminal case, which is initiated by the Joint Director of Agriculture, Kadapa, which admittedly ended in clean acquittal. In this view of the matter, this Court is of the opinion that the Writ Petitioner is entitled to the amount claimed. 7. Although the Writ Petitioner has claimed an interest at 24% per annum from the date the amount fell due up to realization, this Court deems it appropriate to limit the interest rate to 6% per annum from the date the amount fell due till the date of realization. 8. The Respondent is directed to make payment to the Petitioner as regards the principal amount of Rs.36,47,750/- with interest @ 6% (simple interest) within a period of twelve (12) yveeks. If the amount is not paid by the f 4 Respondent within the scheduled time, the due amount shall carry interest at 12% after the lapse of the time period granted. 9. With these observations and directions, the Writ Petition is disposed of. No order as to costs. 10. Needless to state that if any amount has already been released to the Petitioner or paid to the Petitioner, the said payments shall be set off. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- Wl. SRINIVAS ASSISTANT REGiSTI^R 11. //TRUE COPY// ifi^FFiCER SEC To 1. The Vice-Chairperson & Managing Director, A.P. State Seeds Development Corporation Ltd., Vijayawada. 2. One CC to Sri P. S. P. Suresh Kumar, Advocate [OPUC] 3. One CC to Sri A. V. Kondaiah, Advocate [OPUC] 4. Two CD Copies Cnr HIGH COURT DATED: 13/08/2025 ORDER WP NO. 25123 OF 2011 DISPOSING OF THE W.P. WITHOUT COSTS