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2025 DAILYLAW 49511 (AP)

KokaRamanaiah, v. State of Andhra Pradesh,

WP/3702/2024 · 2025-09-08

K Sreenivasa Reddy

body2025

Judgment text

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APHC010067692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 3702/2024 Between: 1. KOKARAMANAIAH,, S/O. VENKATAPPA NAIDU, 51 YEARS, R/O. 7-11-77,VALLURIVARITHOTA, 2ND LANE, DONKA ROAD, GUNTUR, GUNTUR DISTRICT ...PETITIONER AND 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 VISHNU TOWERS, KRISHNAVERII SCHOOL ROAD, PORANKI,VIJAYAWADA, KRISHNA DISTRICT 4. THE DIRECTOR, BACKWARD CLASSES WELFARE DEPARTMENT VIJAYAWADA, KRISHNA DISTRICT 5. THE DISTRICT COLLECTOR EBC WELFARE WING, GUNTUR DISTRICT 6. THE DISTRICT BC WELFARE OFFICER, GUNTUR DISTRICT 7. THE DISTRICT EBC WELFARE OFFICER, GUNTUR DISTRICT ...RESPONDENT(S): SRK, J WP No.3702 of 2024 2 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 Rs.10,00,000/- (Ten Lakhs only) to the son of the petitioner Koka V K Siva Prasad as per G.O. RT No.174 dated 07.12.2017 R/w. G.O. Ms. No. 29 dated 27.08.2016 despite sanction of funds by the Government under Application ID No. OV2018121605 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 son of the petitioner Koka V K Siva Prasad forthwith under Application ID No. OV2018121605. Counsel for the Petitioner: 1. Y KAMALA RANI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR SOCIAL WELFARE SRK, J WP No.3702 of 2024 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the action of respondents in not releasing the financial assistance of Rs.10,00,000/- (Rupees ten lakhs only) to the son of the petitioner by name Koka V K Siva Prasad as per G.O.Rt.No.174, Backward Classes Welfare (B) Department, dated 07.12.2017 read with G.O.Ms.No.29, Backward Classes Welfare (B) Department, dated 27.08.2016, despite sanction of funds by the Government under Application ID No.OV2018121605 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently, direct the respondents to release aforesaid amount forthwith. 2. Son of petitioner completed his graduation in Computer Science and Engineering (CSE) in the year 2017 with grade A in Acharya Nagarjuna University. Since the petitioner’s financial position is economically weak and he has no means to send his son abroad to pursue his further studies, in terms of G.O.Rt.No.174, dated 07.12.2017 issued by the Government, his son made an application, vide ID.No.OV2018119967 for getting financial assistance of Rs.10,00,000/- to pursue his Post Graduation and also got admission in Canada University i.e., Cegap De La Gaspesie Et Des Iles for the course of Mobile SRK, J WP No.3702 of 2024 4 Application Development. On such application, his son was found eligible and 4th respondent also issued proceedings for making payment of Rs.10,00,000/- and that his son went to Canada to pursue his Post Graduation Course. According to the guideline No.4(h) issued under G.O.Ms.No.29, dated 27.08.2016, the respondents have to release first installment after the candidate arrives at overseas by uploading Immigration Card and second installment has to be released after uploading the results of first semester. Even though, son of petitioner has complied the said conditions, the respondents failed to release the amount. Hence, he filed the present Writ Petition. 3. Today, when the matter came up for hearing, learned Government Pleader for Social Welfare, on instructions, submits that the petitioner’s son is eligible candidate and requested time for completion of the process for making payment i.e., receipt of the budget from the Government for sanction of amount to the petitioner’s son. 4. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the petitioner’s son eligibility for release of financial assistance, the respondents are directed to release the financial assistance amount of Rs.10,00,000/- (Rupees ten lakhs only) to the son of the petitioner, within a SRK, J WP No.3702 of 2024 5 period of eight (8) weeks from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date: 09.09.2025 ARB SRK, J WP No.3702 of 2024 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.3702 of 2024 Date: 09.09.2025 ARB