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2025 DAILYLAW 45851 (AP)

P SATISH v. THE STATE OF ANDHRA PRADESH

WP/30533/2025 · 2025-12-02

K Sreenivasa Reddy

body2025

Judgment text

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APHC010590942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30533/2025 Between: 1. P SATISH, S/O. VENKATESWARLU, AGED ABOUT 30 YEARS, R/O.D.NO.6-274, NEAR PHC, MADUGULA POST, GURAJALA MANDAL GUNTUR DISTRICT, ANDHRA PRADESH - 522415. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ECONOMICALLY WEAKER SECTIONS WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH ECONOMICALLY BACKWARD CLASSES WELFARE AND DEVELOPMENT CORPORATION, REP.BY ITS DIRECTOR, SRI VISHNU TOWERS, KRISHNAVENI SCHOOL ROAD, PORANKI VILLAGE, PENAMALURU MANDAL, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH -520007. 4. THE WORKS AND ACCOUNTS DEPARTMENT, REP. BY ITS DIRECTOR, IBRAHIMPATNAM, NTR DISTRICT. 5. THE PAY AND ACCOUNTS OFFICER, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the SRK, J W.P.No.30533 of 2025 2 High Court may be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of Respondents in not releasing the sanctioned scholarship amount for the Application I.D.No. OV2019121766 under the YSR Videshi Vidyadhaarana scheme through Andhra Pradesh State Economically Backward Classes Welfare and Development Corporation Limited, as wholly illegal, arbitrary, devoid of the principle of the natural justice, violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith deposit the sanctioned scholarship amount for the Application I.D.No.OV2019121766 to the petitioner's bank account, and 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 forthwith deposit the sanctioned scholarship amount for the Application I.D.No.OV2019121766 to the petitioner’s bank account, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. VINOD KUMAR PEMMASANI 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.30533 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 him under NTR Videshi Vidyadharana Overseas Scholarship Scheme in pursuance of the application bearing No.OV2019121766, for studying Master of Science in Agriculture in the University of New England Armidale, Australia. 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 Graduation Course of Masters in Information Technology and Systems from the University of Tasmania, Australia. It SRK, J W.P.No.30533 of 2025 4 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 that the petitioner is eligible for financial assistance to a tune of Rs.10,00,000/-. It is further acceded 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/2024-55, dated 14.11.2024 to transfer the funds to the bank account of the petitioner by generating bill No.2024-1767514 and the bill was approved on 28.12.2024, but it is due to the year- SRK, J W.P.No.30533 of 2025 5 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 the 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. The written instructions are placed on record. 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 within a period of two (02) months from the date of receipt of the 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 December, 2025. DNB