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2025 DAILYLAW 54959 (AP)

BANDLA RAJESWARI v. THE STATE OF ANDHRA PRADESH

WP/30025/2025 · 2025-11-17

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010577232025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: Between: 1. BANDLA RAJESWARI, S/O. BASAVAIAH(LATE), AGED 52 YEARS, OCCUPATION. AGRICULTURE COOLIE, R/O 7 CHURCH, REVENUE WARD NO 7, MANGALAGIRI, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 1. THE STATE OF PRINCIPAL SECRETARY TO GOVERNMENT, E 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 5TH BLOCK, 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 OFFICE 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30025/2025 BANDLA RAJESWARI, S/O. BASAVAIAH(LATE), AGED 52 YEARS, OCCUPATION. AGRICULTURE COOLIE, R/O 7-455/T/L,PATMAS CHURCH, REVENUE WARD NO 7, MANGALAGIRI, MANGALAGIRI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, E B C WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING , SECRETARIAT, VELAGAPUDI 5TH BLOCK, GUNTUR DISTRICT THE DIRECTOR, ECONOMICALLY BACKWARD CLASSES WELFARE DEPARTMENT, 2ND FLOOR, SRI VISHNU TOWERS, KRISHNAVENI SCHOOL ROAD, PORANKI, VIJAYAWADA, KRISHNA DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH [3327] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY BANDLA RAJESWARI, S/O. BASAVAIAH(LATE), AGED 52 YEARS, 455/T/L,PATMAS CHURCH, REVENUE WARD NO 7, MANGALAGIRI, MANGALAGIRI ...PETITIONER ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, E B C WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING , SECRETARIAT, VELAGAPUDI 5TH BLOCK, THE DIRECTOR, ECONOMICALLY BACKWARD CLASSES WELFARE DEPARTMENT, 2ND FLOOR, SRI VISHNU TOWERS, KRISHNAVENI SCHOOL ROAD, PORANKI, VIJAYAWADA, R, 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 2 Writ of Mandamus declaring the action of the respondents in not releasing financial assistance of Rs. 10,00,000/- (Ten Lakhs) to the son of the petitioner Bandla Srimanth Kumar as per G.O.Ms.No.29 dated 27.08.2016 despite sanction of funds by the Government under Application ID No. OV2018121400 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 Bandla Srimanth Kumar forthwith under Application ID No.OV2018121400,and to pass s 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 son of the petitioner Bandla Srimanth Kumar forthwith under Application ID No. OV2018121400, 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. . 3. GP FOR FINANCE PLANNING 3 The Court made the following order: Grievance of the petitioner in the present Writ Petition, is that despite sanctioning of funds by the Government under Application bearing ID No.OV2018121400 for studying the course of Master of Business Administration in Southern Cross University, the respondents are not releasing the financial assistance of Rs.10,00,000/- to her son namely ‘Bandla Srimanth Kumar’, as per G.O.Ms.No.29 Backward Classes Welfare (B) Department, dated 27.08.2016. 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 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 placed on record, the written instructions vide Lr.Rc.No.60/EBC/2025 dated 05.11.2025 submitted by the A.P. State Economically Backward Classes Welfare and Development Corporation, Vijayawada, wherein it is stated inter alia that son of the petitioner ‘Bandla Srimanth Kumar’ is eligible for the financial assistance, and requested for three months’ time for completion of process of payment to him and submission of compliance report to the Court. 4. Hence, in the facts and circumstances of the case, 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 5 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:18.11.2025 MP 6 132 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.30025 of 2025 Date:18.11.2025 MP