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2025 DAILYLAW 40707 (AP)

VASANTHU SRINIVASA RAO v. State of Andhra Pradesh,

WP/23561/2025 · 2025-11-02

K Sreenivasa Reddy

body2025

Judgment text

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APHC010465372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23561/2025 Between: 1. VASANTHU SRINIVASA RAO, S/O. VENKATA KRISHNAIAH, AGED 57 YEARS, 2-49, HUSSAINNAGARAM VILLAGE, PEDAKURAPADU MANDAL, PALNADU DISTRICT (BEFORE GUNTUR DISTRICT) ...PETITIONER A N D 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, B C WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE DIRECTOR, ECONOMICALLY BACKWARD CLASSES WELFARE DEPARTMENT, 2ND FLOOR, SRI VISHNUTOWERS, KRISHNAVENISCHOOL ROAD, PORANKI, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT EBC WELFARE OFFICER, GUNTUR DISTRICT. ...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 pleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing financial assistance of SRK, J W.P.No.23561 of 2025 2 Rs.10,00,000/- (Ten Lakhs) to the daughter of the petitioner Vasanthu Sarika as per G.O. Ms. No. 29 dated 27.08.2016 despite sanction of funds by the Government under Application ID No. OV2019122031 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release financial assistance of Rs.10,00,000/- (Ten Lakhs)to the daughter of the petitioner Vasanthu Sarika forthwith under Application ID No. OV2019122031, and to pass IA NO: 1 OF 2025 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 release financial assistance of Rs.10,00,000/- [Ten Lakhs}under N.T.R. Videshi Vidhya dharana Scheme to the daughter of the petitioner Vasanthu Sarika forthwith under Application ID No OV2019122031, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. SOMISETTY GANESH BABU Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.23561 of 2025 3 O R D E R Grievance of the Writ Petitioner in the present Writ Petition, is that despite sanction of funds by the Government, the respondents are not releasing the financial assistance of Rs.10,00,000/- to his daughter namely Vasanthu Sarika under the Videshi Vidyadharana Overseas Scholarship Scheme in pursuance of the application bearing No.OV2019122031, for studying Master of Science in International Business and Management at the University of Portsmouth. 2. Today, when the matter came up for admission, it is submitted by the learned counsel for the petitioner that the subject matter of this Writ Petition is squarely covered by the order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023, wherein this Court held thus: “3. While making the above submissions, the learned counsel for the petitioner had also drawn the attention of this Court to the order of a learned Judge of this Court in W.P.No.21305 of 2023, dated 29.8.2023. On the other hand, learned Assistant Government Pleader for Social Welfare, on the basis of the communication dated 02.11.2023 addressed by the 3rd respondent, made his submissions. 4. As seen from the said communication, which is made part of the record, it is discernible that there is no dispute with regard to the petitioner’s son pursuing Post SRK, J W.P.No.23561 of 2025 4 Graduation Course of Masters in Information Technology and Systems from the University of Tasmania, Australia. It would further appear that the verification of documents was completed and the petitioner’s son is eligible for financial assistance, in view of the report submitted by the Vigilance and Enforcement Department. But it takes three months’ time for completing the process of making payment of the amount (for receipt of budget from the Government and for sanction of the amount). 5. This Court, considering the submissions made and the object of the Government in issuing the above referred Government Orders, is of the opinion that any unreasonable delay on the part of the respondent Authorities, is not just or tenable more particularly in the light of the averments made in Paragraph No.8 of the writ affidavit and results in irreparable prejudice to the petitioner. The grievance of the writ petitioner is well founded.” 3. Learned Assistant Government Pleader for Social Welfare representing respondent Nos.1, 3 and 4 filed written instructions, acceding with the contention of petitioner that the subject matter of this Writ Petition is squarely covered by the order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023. It is submitted that the Managing Director of APEBC Corporation prepared a bill vide Proceedings No.952/EBC- VVD/2024-61, dated 14.11.2024 to transfer the funds to the bank account of the daughter of the petitioner by generating bill No.2024-1765737 and the bill was approved on 27.12.2024, but it SRK, J W.P.No.23561 of 2025 5 is due to the year-end activity on 31.03.2025, the bill was closed by the Finance Department and it was returned to the DDO as per Articles 39 and 50 of Andhra Pradesh Financial Code, Vol.I. Therefore, learned Assistant Government Pleader prays the Court to grant three months’ time for completion of the process of making payment to the petitioner’s daughter. 4. Having regard to the Order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023 and for the reasons mentioned therein and also considering the submission of the learned Assistant Government Pleader, this Writ Petition is disposed of, with a direction to the respondents to release the financial assistance of Rs.10,00,000/- (Rupees ten lakhs only) to the petitioner’s daughter within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ JUSTICE K. SREENIVASA REDDY 3rd November, 2025. DNB