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2025 DAILYLAW 5875 (AP)

M/s.Mytrhri Macts (Mutual Aided Credit and Thrift Society), v. The State Government of A.P.

WP/3457/2024 · 2025-03-18

Subba Reddy Satti

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI v/ WRIT PETITION NO: 3457 OF 2024 Between: M/s. Mytrhri Macts (Mutual Aided Credit and Thrift Society), Rep. by its authorized representative Srinivasa Balia, S/o. Siva Kumar Balia, Aged about 35 years, Occ: Business, R/o. LIG, Dharma Reddy Colony, Phase-1, KPHB Colony, Hyderabad, Telangana ^ ...Petitioner^ AND 1. The State Government of A.P., rep., by its Principal Secretary, Social Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 15541 ^ The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Andhra Pradesh Schedule Cast Co-operative Finance Corporation Ltd, Rep., by its Vice Chairman and Managing Director, and 4th Floors, SP River View Towers, Tadepalli, Guntur District, Andhra Pradesh.^ The General MaHager, Andhra Pradesh Schedule Castes Co-operative Finance Corporation Ltd., 3rd and 4th Floors, SP River View Towers, Tadepalli, Guntur District, Andhra Pradesh. 2. 3. 4. 5. The Executive Director, The District Schedule Cast Co-operative Society Ltd, SPSR Nellore District ex' ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents in releasing the approved/admitted bill for a total sum of Rs.9,05,280/- (Rupees Nine Lakhs Five Thousand Two Hundred and Eighty Only)with an interest of 24% per annum from the date of 09.09.2019 to till date towards the work entrusted by the respondent No.3 in favour of the may petitioner for providing Skill Development Programmes for SC unemployed youth under SCAP for the year 2018-19 for two (2) batches under MoA by virtue of Letter of Intent (Lol) vide Lr.No.Trg./904/IIL26/APSC/2018-19 dated 22.06.2019, even after, lapse of four (4) years from the date of the period of completion of the said training and the date of submission of the bills for payment as arbitrary, illegal, colourable exercise of power, the abdication of the statutory duty cost on them and contrary to the well- established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14 19 and 21 of the Constitution of India and consequently direct the respondents to pay a total sum of Rs.9,05,280/- (Rupees Nine Lakhs Five Thousand Two Hundred Eighty Only)with an interest of 24percent per anum from the date of 09.09.2019 to till date towards the work entrusted by the respondents in favour of the petitioner for providing Skill Development Programmes for SC unemployed youth under SCAP for the year 2018-19 for two (2) baches under MoA by virure of Letter of Intent (LoT) vide Lr.No.Trg./904/lll. 26/APSC/2018- 19, dated 22.06.2019. 26/APSC/2018- 19, dated 22.06.2019. and lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petifion, the High Court may be pleased to direct the respondents to pay a total sum of Rs.9,05,280/- (Rupees Nine Lakhs Five Thousand Two Hundred and Eighty Only)with an. - k_.: interest of 24% per annum from the date of 09.09.2019 to till date towards the work entrusted by the respondents in favour of the petitioner for providing Skill Development Programmes for SC unemployed youth under SCAP for the year 2018-t^for two (2) batches under MoA by virtue of Letter of Intent (Lol) vide Lr.No.Trg./904/lll.26/APSC/2018-19, dated 22.06.2019, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. V R REDDY KOWURI Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARfe^ Counsel for the Respondent No. 2: GP FOR FINANCE PLANNII^G' Counsel for the Respondent Nos. 3 to 5: SRI BABUJI TENNETI SC FOR APSC CFS The Court made the following order: APHC010052272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY. THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3457/2024 Between: 1.M/S.MYTRHRI MACTS (MUTUAL AIDED CREDIT AND THRIFT SOCIETY),, REP. BY ITS AUTHORIZED REPRESENTATIVE SRINIVASABALLA, S/0. SIVA KUMAR BALIA, AGED ABOUT 35 YEARS, OCC BUSINESS, R/0. LIG, DHARMA REDDY COLONY. PHASE-1, KPHB COLONY, HYDERABAD, TELANGANA ...PETITIONER AND 1.THE STATE GOVERNMENT OF A P, REP., BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS. VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.15541 2.THE PRINCIPAL SECRETARY. FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE ANDHRA PRADESH SCHEDULE CAST COOPERATIVE FINANCE CORPORATION LTD, REP., BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, AND 4TH FLOORS, SP REVIER VIEW TOWERS, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 4.THE GENERAL MANAGER, ANDHRA PRADESH SCHEDULE CASTES CO-OPERATIVE FINANCE CORPORATION LTD., 3RD AND 4TH FLOORS. SP RIVER VIEW TOWERS, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. Page 2 of 6 SRS.J W.P.No.3457 of 2024 5.THE EXECUTIVE DIRECTOR, THE DISTRICT SCHEDULE CAST CO OPERATIVE SOCIETY LTD, SPSR NELLORE 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents in releasing the approved/admitted bill for a total sum of Rs.9,05,280/- (Rupees Nine Lakhs Five Thousand Two Hundred and Eighty Only)with interest of 24perce per anum from the date of 09.09.2019 to till date towards the work entrusted by the respondent No.3 in favour of the petitioner for providing Skill Development Programmes for SC unemployed youth under SCAP for the year 2018-19 for two (2) baches under MoA by virtue of Letter of Intent (Lol) vide Lr.No.Trg./904/IIL26/APSC/2018-19 , dated 22.06.2019, evenafter, lapse of four (4) years from the date of the period of completion of the said trainingand the date of submission of the bills for payment arbitrary, illegal, colourable exercise of power, the abdication of the statutory duty cost on them and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay a total sum of Rs.9,05,280/- (Rupees Nine Lakhs Five Thousand Two Hundred and Eighty Only)with an interest of 24percent per anum from the date of 09.09.2019 to till date towards the work entrusted by the respondents in favour of the petitioner for providing Skill Development Programmes for SC unemployed youth under SCAP for the year 2018-19 for two (2) baches under MoA by virure of Letter of Intent (LoT) vide Lr.No.Trg./904/lll. 26/APSC/2018- 19, dated 22.06.2019and pass lA NO: 1 OF 2024 an as 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 a total sum of Rs.9,05,280/- (Rupees Nine Lakhs Five Thousand Two Hundred and Eighty Only)with an interest of 24% per anum from the date of 09.09.2019 to till date towards the work entrusted by the respondents in favour of the petitioner for providing Skill Development Programmes for SC unemployed youth under SCAP for the year 2018-19 for two (2) baches under MoA by virtue of Letter of Intent (Lol) vide SRS,J V W.P.No,3457 of 2024 Lr.No.Trg./904/lll.26/APSC/2018-19, dated 22.06.2019, pending disposal of the above Writ Petition and pass lA NO: 2 OF 2024 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 grant leave to file Counter Affidavit of the Respondents in WP.No. 3457/2024 Counsel for the Petitioner; 1.VR REDDY KOWURI Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) 2.BABUJI TENNETI (STANDING COUNSEL FOR APSC CFC) 3.GP FOR FINANCE PLANNING (AP) The Court made the following: :: ORDER;: The above writ petition is filed to declare the inaction of respondents 3 to 5 in releasing the bill for an amount of Rs.9,05,280/-, towards the work entrusted by respondent No.3 i.e. providing skill development programmes for SC unemployed youth under SCAP for the year 2018-19 for two batches under MCA, in pursuance of letter of intent (Lol) vide Lr.No.Trg./904/lll.26/APSC/2018-19, dated 22.06.2019, as illegal and arbitrary. Heard Sri D. Vigneswar Reddy, learned counsel representing Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and Smt. Swapna Priya, learned Assistant Government Pleader, appeared for respondent No.1 and Smt. D. Naga Chandrika, learned counsel, appeared for respondent No.2 and Sri T. Babuji, learned Standing Counsel, appeared for respondents 3 to 5. 2. t SRS,J W.P.No.3457 of 2024 3. The petitioner, Mutual Aided Credit & Thrift Society, registered under the Societies Registration Act, 2001, was entrusted with work i.e. skill development training programmes for SC unemployed youth under SCAP for the year 2018-19 vide Lr.No.Trg./904/lll.26/APSC/2018-19, dated 22.06.2019 (Ex.P2). The Vice Chairman & Managing Director allotted 60 candidates to impart training in tailoring. The Executive Director has inspected and verified list of candidates, bio-metric attendance and infrastructure facilities of training institute and found 60 candidates are attended and recommended to installment vide Rc.No.AEO/Trg/2019, dated 13.08.2019 installment vide Rc.No.AEO/Trg/2019, dated 26.08.2019 and 4 the nd release 25% as 2 th rd (EX.P3); 3 installment vide Rc.No.AEO/Trg/2019, dated 09.09.2019. The petitioner submitted invoices vide Ex.P4 and thereafter made a representation dated 26.07.2023 (Ex.P5). However, the amount has not been released so far. A counter affidavit was filed on behalf of respondents 3 to 5. Para No.3 of the counter affidavit is extracted hereunder: 4. “I submit that as per terms and conditions of Skill Development Programme, the respondents shall be scrutinized the documents/bills submitted by the Applicant, if necessary documents shall be submitted by the applicant, we will take necessary action for payment as per under Skill Development Programme, after receipt of budget norms from the Government as at present there is no any budget available in the office. Thus, as seen from the averments in the counter affidavit, there is no vide 5. (Lol) intent the letter of regarding dispute Lr.No.Trg./904/lll.26/APSC/2018-19, dated 22.06.2019 regarding entrustment of work i.e. providing skill development programmes for SC unemployed youth under SCAP for the year 2018-19 for two batches under MCA; letter addressed by the Executive Director; completion of training and entitlement of the petitioner. ' V w SRS,J W.P.No.3457 of 2024 j/ Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to make a fresh application by annexing Exs.PS & P4 and other relevant documents, within four (04) weeks from today to respondents 3 to 5. Upon receipt of the application, respondents 3 to 5 shall consider the same and release the amount within two (02) months thereafter. No order as to costs. 6. r As a sequel, pending miscellaneous petitions, if any, shall stand closed. SDI- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Social Welfare Department, State Government of A.P., Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 15541 2. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The Vice Chairman and Managing Director, Andhra Pradesh Schedule Cast Co-operative Finance Corporation Ltd, and 4th Floors, SP Revier View Towers, Tadepalli, Guntur District, Andhra Pradesh. 4. The General Manager, Andhra Pradesh Schedule Castes Co-operative Finance Corporation Ltd., 3rd and 4th Floors, SP River View Towers, Tadepalli, Guntur District, Andhra Pradesh. 5. The Executive Director, District Schedule Cast Co-operative Society Ltd, SPSR Nellore District. 6. One CC to Sri. V R Reddy Kovvuri Advocate [OPUC] 7. One CC to Sri. Babuji Tenneti SC for APSC CFS [OPUC] 8. Two CCs to GP for Social Welfare, High Court Of Andhra Pradesh. [OUT] / V 9. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] ¥> 10. Three CD Copies GSC y. y 4^. HIGH COURT DATED:18/03/2025 ORDER WP.No.3457 of 2024 DISPOSING OF THE WP WITHOUT COSTS