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2025 DAILYLAW 36432 (AP)

AMULYA AGRO ENTERPRISES v. THE STATE OF AP

WP/31169/2024 · 2025-03-05

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31169 OF 2024 Between: M/s. Amulya Agro Enterprises, Rep. By its Managing Director P. Subba Reddy, S/o Venkata Subbareddy, Sy No. 1013, Near Tirumala Ice Factory Utukur, Chinthakomma Dinne Mandal, Kadapa. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture Department, Secretariat Velagapudi Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, AP Secretariat, Velagapudi, Amaravathi-523238. 3. The Join Director of Agriculture, Kadapa, YSR Kadapa District. 4. The Assistant Director of Agriculture, Kadapa, YSR Kadapa District. 5. The Administrative Officer, O/o Joint Director of Agriculture Kadapa, Y.S.R.Kadapa 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 nature of Writ of Mandamus, declaring the action of the respondents in the and in nonpayment of dues Rs. 2,65,000/-(Subsidy amount) pertaining to the work of pertaining towards supply of 3 Nos Seed Drills on U.C.s submitted by the Assistant Director of Agriculture in the District supplied by concerned firms to the farmers for implementation of NFSM (Rice) Scheme during 2017-18 under Gen Category, executed under NFSM (RICE) Scheme 2017-18 even Scheme 2017-18, even after submission of bill which Violation of Art. 14. Art. 15, Art.19(1)(g) Constitution of India and violation of clause and 68 AND Specifications and consequently direct the respondents 2,65,000/- pertaining towards supply of 3 Nos submitted by the Assistant Director of Agriculture in the District supplied by concerned firms to the farmers for implementation of NFSM (Rice) Scheme during 2017-18 under Gen Category, executed under 2017-18 along with 12% Interest from the date of the date of submission of bill to till the date of is illegal, arbitrary and Art.21, Art.23 and Art.300A of 69 of AP Standard to pay dues of Rs. Seed Drills on U.C.s NFSM (Rice) Scheme expiry of one month from payment. lA NO: 1 OF 207d 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 direct the respondents to consider & process the payment of dues of Rs.2,65,000 /- (Subsidy amount) pertaining to the workpertaining towards supply of 3 Nos Seed Drills on U.C.s submitted by the Assistant Director of Agriculture in the District supplied by concerned firms to the farmers for implementation of NFSM (Rice) Scheme Gen Category, executed during 2017-18 under under NFSM (Rice) Scheme 2017-18, expeditiously within 4 weeks pending final disposal of the Writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAMALAKSHMANA Counsel for the Respondent Nos.1,3,4 & 5; GP FOR AGRICULTURE Counsel for the Respondent No.2: GP FOR FINANCE The Court made the following: ORDER REDDY SANEPALLI AND PLANNING APHC010596062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31169/2024 Between: 1.AMULYA AGRO ENTERPRISES, REP. BY ITS MANAGING DIRECTOR P. SUBBA REDDY, S/0 VENKATA SUBBAREDDY SY NO. 1013, NEAR TIRUMALA ICE FACTORY CHINTHAKOMMA DINNE MANDAI, KADAPA. UTUKUR, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY AGRICULTURE DEPARTMENT, GUNTUR DISTRICT. SECRETARIAT VELAGAPUDI 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VELAGAPUDI, AMARAVATH1-523238. AP SECRETARIAT, 3.THE JOIN DIRECTOR OF AGRICULTURE, KADAPA, YSR KADAPA DISTRICT. 4.THE ASISTANT DIRECTOR OF AGRICULTURE, KADAPA, YSR KADAPA DISTRICT. 5.THE ADMINISTRATIVE OFFICER, 0/0 JOINT DIRECTOR OF AGRICULTURE KADAPA, Y.S.R.KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petition&rr 2 1.RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S); 1.GP FOR AGRICULTURE 2.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: None present for the Writ Petitioner. 2. Sri B. Rama Krishna Naik, learned Government Pleader for Agriculture, Cooperation & Fisheries has submitted the Written Instruction furnished by the Director of Agriculture along with the Proceedings dated 10.01.2025. Learned Government Pleader would submit that the present Writ Petition is filed claiming a sum of Rs.2,65,000/- towards the supply of 3 units of Seed Drills, 4 units of Multi Crop Threshers & 6 units of Diesel Oil Engines, farm implements to the farmers under NFSM Scheme in 2017-18. It is also stated in the Written Instruction that the District Agriculture Officer, Guntur has confirmed that an amount of Rs.2,65,000/- as pending subsidy to be released to the Writ Petitioner, since the bills uploaded in the CFMS portal were returned. This Written Instruction is taken on record along with the Proceedings of the Director of Agriculture, dated 10.01.2025. 3. Having regard to the Written Instruction, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to complete the process of uploading the bills in the CFMS portal within a period of six weeks and make the payment thereafter within an another eight weeks and intimate the same to the Writ Petitioner. 4.With these observations and directions, this Writ Petition stands disposed of. No order as to costs. V 3 5.Interlocutory Applications, if any, stand closed in terms of this order. Sd/~ N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To 1. The Principal Secretary, Agriculture Department, State of Andhra Pradesh, Secretariat Velagapudi Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh AP Secretariat, Velagapudi, Amaravathi-523238. 3. The Join Director of Agriculture, Kadapa, YSR Kadapa District. 4. The Assistant Director of Agriculture, Kadapa, YSR Kadapa District. 5. The Administrative Officer, O/o Joint Director of Agriculture Kadapa, Y.S.R.Kadapa District. 6. One CC to Sri Ramalakshmana Reddy Sanepalli, Advocate [OPUC] 7. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:05/03/2025 ORDER 13 MAR 2C25 | . Current Section . ^ WP.No.31169 of 2024 Cj I* DISPOSING OF THE W.P. WITHOUT COSTS