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2025 DAILYLAW 3439 (AP)

NETAFIM IRRIGATION INDIA PRIVATE LIMITED v. THE STATE OF ANDHRA PRADESH

WP/1086/2025 · 2025-02-06

Tarlada Rajasekhar Rao

Transfer Petitionbody2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1086 OF 2025 Between: Netafim Irrigation India Private Limited, Rep. by Sarvana Kumar, S/o Mani SBU Head, D. No. 34/1, 8th Cross, Bharathi Park Road, Saibaba coloy Coimbotore, Tamil Nadu-641011 ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its principal secretary. Department of Agriculture and marketing. Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 3. The Horticulture Department, Rep. by its Commissioner, TTPC Building, 1st Floor, Chuttugunta, Guntur, Guntur District, Andhra Pradesh. 4. The Project Director, Andhra Pradesh Micro Irrigation Projects, Srikakulam, Srikakulam District. 5. The Project Officer, Andhra Pradesh Micro Irrigation Projects, Srikakulam, Srikakulam District 6. The District Collector, Srikakulam, Srikakulam District, Andhra Pradesh. 7. The Chief Planning Officer, Srikakulam District, Srikakulam, Andhra Pradesh. 8. The Director of Horticulture, Chuttugunta, Guntur, Guntur District, Andhra Pradesh. r 9. The Joint Director of Horticulture, Srikakulam, Srikakulam District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in-action on the part of the respondents in releasing the additional subsidy part of payments for an amount of Rs 61,25,972/- (Sixty One Lakhs Twenty Five Thousand Nine Hundred and Seventy Two Only) for the year 2017-18 and Rs. 33,62,011/- (Thirty Three Lakh Sixty Two Thousand Eleven Only) for the year 2018-19 totalling Rs 94,87,983/- (Ninety Four Lakhs Eighty Seven Thousand Nine Hundred and Eighty Three Only)with regard to supply, installation and grounding of Drip and Sprinkler Irrigation Systems to 1363 farmers in Srikakulam District, despite the fact the installation was completed and utilization certificate and other requisite documents were also sent to the respondents for making payments, as the same is illegal arbitrary and violative of article 14, 19(1)(g) of Constitution of India and consequently direct the respondent authorities to release the additional subsidy part of payments i.e., Rs 94,87,983/- (Ninety Four Lakhs Eighty Seven Thousand Nine Hundred and Eighty Three Only) with regard to supply and installation of Drip and Sprinkling Irritation Systems to 1363 farmers in Srikakulam District. Counsel for the Petitioner: SRI M.SHANMUKHA TEJA Counsel for the Respondent No.1: GP FOR AGRICULTURE Counsel for the Respondent Nos. 2 & 7: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3 to 6, 8 & 9: GP FOR HORTICULTURE The Court made the following: ORDER APHC010016322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1086/2025 Between: Netafim Irrigation India Private Limited AND The State of Andhra Pradesh and others ...PETITIONER ...RESPONDENT(S) Counsel for the Petitioner: 1.M SHANMUKHATEJA Counsel for the Respondent(S): 1.GP FOR AGRICULTURE 2.GP FOR FINANCE PLANNING The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.1086 of 2025 ORDER: The writ petition is filed for not releasing the additional subsidy part of payments for an amount of Rs.61,25,972/- for the year 2017-18 and Rs.33,62,011/- for the year 2018-19 totalling Rs.94,87,983/- with regard to supply, installation and grounding of Drip and Sprinkler Irrigation Systems to 1363 farmers in Srikakulam District, despite the fact of installation was completed and utilization certificate and other requisite documents were also sent to the respondents for making payments, which amounts illegal, arbitrary and violative of Article 14,19(1 )(g) of Constitution of India and hence, prayed to direct the respondents to pay the aforesaid amount to the petitioner. The 5^^ respondent/Project Director has addressed a letter 2. dated 17.01.2025 to the learned Government Pleader for Agriculture and Horticulture of A.P.High Court, Amaravathi. As seen from the said proceedings, it transpires that the 5*^ respondent is pursuing to release of SDP funds from that the District Collector through the Chief Planning Officer, Srikakulam/State Government to settle the pending bills and soon after receipt of the SDP funds from the District Collector through the Chief Planning Officer, Srikakulam/State Government, the pending amount will be paid to the M/s.Netafim Irrigation India Private Limited account through online transfer and the same will be informed to the petitioner Company. 3 3. The respondents have not disputed the execution of the work or the amount due to the petitioner herein in the said proceedings, dated 17.01.2025. Hence, this Court is inclined to dispose of this writ petition directing the respondents herein to pay the admitted amount to the petitioner herein within a period of four months from the date of receipt of a copy of this order, failing which, the petitioner is entitled to claim interest @6% per annum from the date of writ petition till the date of realization. Accordingly, the Writ Petition is disposed of. There shall be no 4. orders as costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT) REGISTRAR LL . //TRUE COPY// N^OFFICER SEC To, 1. The principal secretary. Department of Agriculture and marketing. Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 3. The Commissioner, Horticulture Department, TTPC Building, 1st Floor, Chuttugunta, Guntur, Guntur District, Andhra Pradesh. 4. The Project Director, Andhra Pradesh Micro Irrigation Projects, Srikakulam, Srikakulam District. 5. The Project Officer, Andhra Pradesh Micro Irrigation Projects, Srikakulam, Srikakulam District 6. The District Collector, Srikakulam, Srikakulam District, Andhra Pradesh. 7. The Chief Planning Officer, Srikakulam District, Srikakulam, Andhra Pradesh. 8. The Director of Horticulture, Chuttugunta, Guntur, Guntur District, Andhra Pradesh. 9. The Joint Director of Horticulture, Srikakulam, Srikakulam District, Andhra Pradesh. 10. One CC to Sri M Shanmukha Teja, Advocate [OPUC] 11. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. TF HIGH COURT DATED:06/02/2025 ORDER g 13 MAR 2025 | ^ . Current Section ^ WP.No.1086 of 2025 ifV' - ~ DISPOSING OF THE W.P., WITHOUT COSTS