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2025 DAILYLAW 50045 (AP)

SUVARNAREKHA MAMIDI RITULA SANGAM v. THE STATE OF ANDHRA PRADESH

WP/7756/2025 · 2025-05-05

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7756 OF 2025 Between: Suvarnarekha Mamidi Ritula Sangam, 1-53, Somalingapuram Village, Merakamudidam Mandal, Vizianagaram, Rep.by its President, Siruvuru Narayana Murthy Raju, S/o.Late Venkatapathi Raju, Aged about 68 years, Occ; Cultivation, Rajula Street, Somalingapuram Village, Merakamudidam Mandal, Vizianagaram District, A.P -535102. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Horticulture Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner of Horticulture, Government of Andhra Pradesh, Department of Horticulture, Guntur, Guntur District, Andhra Pradesh. 4. The District Horticulture Officer, Vizianagaram District at Vizianagaram, Andhra Pradesh. 5. The Comprehensive Financial Management System (CFMS), Ministry of Finance, Government of Andhra Pradesh, Rep. by its Chief Executive Officer, Anjaneya Towers, Bhimaraju Gutta, Ibrahimpatnam, Krishna District, Andhra Pradesh. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents for not releasing the admitted subsidy amount of Rs. 9,37,500/- (in words Nine Lakhs Thirty Seven Thousand Five Hundred Only) is illegal, arbitrary and violation of Article 14, 19, and 21 of the Constitution of India and consequently direct the respondents to pay the amount of Rs. 9,37,500/- (in words Nine Lakhs Thirty Seven Thouand Five Hundred Only) with interest. lA 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 pay the amount of Rs. 9,37,500/- (in words Nine Lakhs Thirty Seven Thousand Five Hundred Only) into the petitioner account, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B MANJEETH REPRESENTING SRI DASARI S VV S V PRASAD Counsel for the Respondent Nos. 1, 3 & 4: GP FOR AGRICULTURE Counsel for the Respondent Nos. 2 & 5: GP FOR FINANCE & PLANNING The Court made the following: ORDER APHC010148042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7756/2025 Between: 1.SUVARNAREKHA MAMIDI RITULA SANGAM, 1-53, SOMALINGAPURAM VILLAGE, MERAKAMUDIDAM MANDAL, VIZIANAGARAM, REP.BY ITS PRESIDENT, SIRUVURU NARAYANA MURTHY RAJU, S/0.LATE VENKATAPATHI RAJU, AGED ABOUT 68 YEARS, OCC. CULTIVATION SOMALINGAPURAM VILLAGE, MERAKAMUDIDAM VIZIANAGARAM DISTRICT, A.P -535102. RAJULA STREET, MANDAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HORTICULTURE DEPARTMENT, SECRETARY BUILDINGS, VELAGAPUDI, AMARAVATHI. SECRETARIAT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 3.THE COMMISSIONER OF HORTICULTURE, GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF HORTICULTURE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 4.THE DISTRICT HORTICULTURE OFFICER, VIZIANAGARAM DISTRICT AT VIZIANAGARAM, ANDHRA PRADESH. 5.THE COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 2 ‘ I MINISTRY OF FINANCE, GOVERNMENT OF ANDHRA PRADESH REP. BY ITS CHIEF EXECUTIVE OFFICER, ANJANEYA TOWERS BHIMARAJU GUTTA, IBRAHIMPATNAM, ANDHRA PRADESH. KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1.GP FOR AGRICULTURE 2.GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Sri B. Manjeeth, learned Counsel representing Sri Dasari S.V.V.S.V. Prasad, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Finance and Planning and Sri A. Krishna Kishore, learned Assistant Government Pleader for Agriculture appearing for Respondent Nos.1, 3 and 4. 2. Sri A. Krishna Kishore, learned Assistant Government Pleader for Agriculture appearing for Respondent Nos.1, 3 and 4, has submitted Written Instructions furnished by the Director of Horticulture and Sericulture, dated 30.04.2025. Copy of it is supplied to the Writ Petitioner and the taken on record. the same is 3. The relevant portion of the Written Instructions is usefully extracted hereunder: “12. In this regard, vide reference 9th cited, the SPD, API IATP has requested to release the budget for the financial year 2025-26 to facilitate for submission of the bill in the CFMS portal tov\/ards payment of the above said pending bill for amount of Rs. 9,37,500/- pertaining to the Petitioner. an 3 13. It is to state that, after receipt of the funds from the Nodal Agency i.e., the State Project Director, API IATP, Water Resource Department, the DHO, Vizianagaram will be directed to upload the bill in the CFMS portal for the payment of Rs. 9,37,500/- to the concerned FPO, i.e.. M/s Suvarna Rekha Mamidi Rythula Sangam. ” The above Written Instructions would clearly indicate that the Respondents have admitted the amounts due to the Writ Petitioner for a sum of Rs.9,37,500/-, which is gross amount and that the amounts will be paid as soon as the funds are available. 4. 5. Having regard to the facts and circumstances of the case, this Court is inclined to dispose of this Writ Petition at the admission stage without going into merit, directing the Official Respondents to complete the inter departmental administrative process by coordination and cooperation within a period of fourteen (14) weeks and transfer the amount to the bank account of the Writ Petitioner within four (04) weeks thereafter. 6. It is clarified that the Statutory Deductions and Quality Control, if any, shall also be determined before arriving at the end figure due to the Writ Petitioner. 7. Writ Petitioner is directed to submit a copy of the bank account details to the Competent Authority forthwith for effective compliance. 8. With these observations and directions, the Writ Petition stands allowed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECTI To, 1. The Principal Secretary, Horticulture Department, Secretariat Buildings, Velagapudi, Amaravathi. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. The Commissioner of Horticulture, Government of Andhra Pradesh, Department of Horticulture, Guntur, Guntur District, Andhra Pradesh. 2. 3. 4. The District Horticulture Officer, Vizianagaram District at Vizianaqaram Andhra Pradesh. 5. The Chi^ Executive Officer, Comprehensive Financial Management System (CFMS), Ministry of Finance, Government of Andhra Pradesh Anjaneya Towers, Bhimaraju Gutta, Ibrahimpatnam, Krishna District’ Andhra Pradesh. 6. One CC to Sri Dasari S VV S V Prasad, Advocate [OPUC] 7. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT] ^ [OIJT?^^ Finance & Planning, High Court of Andhra Pradesh. 9. Three CD Copies TF 3 HIGH COURT DATED:06/05/2025 ORDER WP.No.7756 of 2025 ANOTy^ I 12 JUN 2075 ^ . Current aeciion . ALLOWING THE W.P., WITHOUT COSTS