Nimmagadda Nageswara Rao, v. State of Andhra Pradesh,
WP/28861/2025 · 2025-11-23
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53129 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53129 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010559242025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 28861/2025
Between:
1. NIMMAGADDA NAGESWARA RAO, S/O. SUBBARAO, AGED 52 YEARS, R/O 15-30/1,PADMAVATHINAGAR, M.R PALLI, TIMPATHI(URBAN) MANDAL, CHITTOOR 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, KRISHNAVENI SCHOOL ROAD, PORANKI, VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT EBC WELFARE OFFICER, CHITTOOR 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 topleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus
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2 declaring the action of the respondents in not releasing financial assistance of Rs. 10,00,000/- (Ten Lakhs) to the son of the petitioner Nimmagadda Yogesh as per G.O. Ms. No. 29 dated 27.08.2016 despite sanction of funds by the Government under Application ID No. OV2018120913 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 Nimmagadda Yogesh forthwith under Application ID No. OV2018120913. 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 pleased to direct the respondents to release financial assistance of Rs. 10,00,000/- (Ten Lakhsjunder N.T.R. Videshi Vidhya dharana Scheme to the son of the petitioner Nimmagadda Yogesh forthwith under Application ID No. OV2018120913, pending disposal of the writ petition. Counsel for the Petitioner:
1. SOMISETTY GANESH BABU Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE
2.
GP FOR FINANCE PLANNING
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3 The Court made the following ORDER:
Grievance of the 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 son namely Nimmagadda Yogesh under the Videshi Vidyadeevena Overseas Scholarship Scheme in pursuance of the application bearing ID No.OV2018120913, for studying Post Graduation in U.S.
2. Today, when the matter came up for admission, it is submitted by the learned counsel for the petitioner, and acceded to, by the learned Assistant Government Pleader, 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
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4 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 appearing for respondents produced copy of written instructions submitted by the Managing Director, AP State Economically Backward Classes Welfare and Development Corporation, Vijayawada, wherein it is stated that son of the petitioner namely Nimmagadda Yogesh is eligible for the financial assistance, however, three (03) months’ time has been sought for completion of the process for making
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5 payment to him. The said written instructions are placed on record. 4. Hence, in view of the written instructions and following the said order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023 and for the reasons mentioned therein, 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 son of the petitioner within a period of eight (8) weeks 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. ________________________ K. SREENIVASA REDDY, J. Date:24.11.2025 sj
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6 72 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.28861 of 2025
Date:24.11.2025
sj