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2025 DAILYLAW 6608 (AP)

KOMMINENI POTHU RAJU v. THE STATE OF AP

WP/3374/2025 · 2025-07-29

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A .C010062162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ?>■ ■n,. (ri' \ •n I I i j i -■ X \ WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE !}• 'v. iS \ \ PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 3374 OF 2025 Between: Kommineni Pothu Raju, S/o. Venkateswarlu, Aged about 57 years Occ: Agriculture, R/o. Door NO.4-20B, Kommineni Vari Palem Village Ballikurava Mandal, Bapatia District. > j ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Special Chief Secretary to Government, Economically Weaker Section Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. State of Andhra Pradesh, Represented by its Principal Secretary to Finance and Planning Department, Government Velagapudi, Guntur District. 3. The Managing Director, Economically Backward Classes Welfare Department, 2nd Floor, Sri Vishnu Towers, Krishnaveni School Road Poranki, Vijayawada, Krishna District. 4. The Director, Backward Classes Welfare Department, Vijayawada, Krishna District. 5. The District Collector (EBC Welfare Wing), Bapatia District. 6. The District Collector (BC Welfare Wing), Bapatia District. 7. The District BC Welfare Officer, Bapatia District. Secretariat, j 8. The District EBC Welfare Officer, Bapatia District ...Responds Petition under Article 226 of the Constitution of India praying that in thv 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 Lakh) to the son of the petitioner Kommineni Kishore Babu under Application ID No. OV2018117821 despite sanction of funds by the Government as per G.O.Rt No. 174 dated 07.12.2017 r/w. G.O.Ms. No.29 dated 27.08.2016 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release financial assistance of Rs. 10,00,000/- (Ten Lakh) to the son of the petitioner Kommineni Kishore Babu under Application ID No. OV2018117821 as per G.O.Rt No.174 dated 07.12.2017 r/w. G.O.Ms. No.29 dated 27.08.2016 forthwith. lA NO: 2 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 Lakh) to the son of the petitioner Kommineni Kishore Babu under Application ID No. OV2018117821 as per G.O.Rt No.174 dated 07.12.2017 r/w. G.O.Ms. No.29 dated 27.08.2016 forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAVI CHANDAVARAPU Counsel for the Respondent Nos. 1, 3 to 8: GP FOR SOCIAL WELFARE Counsel for the Respondent No. 2; GP FOR FINANCE PLANNING The Court made the following order: ts VI APHC010062162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION N0.3374 OF 2025 Between: 1 KOMMINENI POTHU RAJU, S/o. Venkateswarlu, Aged about 57 years, Occ Agriculture, R/o. Door NO.4-20B, Kommineni Van Palem Village, Ballikurava Mandal, Bapatia District. ...Petitioner AND 1 THE STATE OF AP, Rep. by its Special Chief Secretary to Economically Weaker Section Welfare Department, Government, . Secretariat, Velagapudi, Amaravati, Guntur District. ^ , of Andhra Pradesh, Represented by its Principal Finance and Planning Department, 2. State Secretary to Government Secretariat, Velagapudi, Guntur District. 3 The Managing Director, Economically Backward Classes Welfare Department, 2nd Floor, Sri Vishnu Towers, Knshnaveni School Road, PorankI, Vijayawada, Krishna District. Backward Classes Welfare Department, 4. The Director, Vijayawada, Krishna District. 5 The District Collector EBC Welfare Wing, Bapatia District. 6. The District Collector BC Welfare Wing, Bapatia District. 7. The District BC Welfare Officer, Bapatia District. 8. The District EBC Welfare Officer, Bapatia District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the SRK, J W.P.No.3374 of 2025 2 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 Rs. 10,00,000/- (Rupees ten lakhs only) to the petitioner namely Kommineni Kishore Babu under Application ID NO.OV2018117821 despite sanction of funds by the Government per G.O.Rt No.174, dated 07.12.2017 r/w G.O.Ms.No.29 of son of the as dated 27.08.2016 as illegal, arbitrary and unconstitutional consequently and direct the respondents to release financial assistance of Rs. 10,00,000/- (Rupees ten lakhs only) to the of the petitioner Kommineni Kishore Babu under Application No. OV2018117821 as per G.O.Rt No.174 dated 07.12.2017 G.O.Ms.No.29 dated 27.08.2016 forthwith. son ID r/w Counsel for the Petitioner: RAVI CHANDAVARAPU Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: GP FOR FINANCE & PLANNING SRK, J W.P.No.3374 of 2025 3 The Court made the following ORDER: The grievance of the petitioner, in the present Writ Petition, is that despite sanction of funds by the Government, as per G.O.Rt.No.174, Backward Classes Welfare (B) Department, dated 07.12.2017and G.O.Ms.No.29,Backward ClassesWelfare (B) Department, dated 27.08.2016, the respondents are not releasing the financial assistance of Rs. 10,00,000/- to his son namely Kommineni Kishore Babu, who was selected for the Scheme of “Videshi Vidya Deevena” under application ID NO.OV2018117821, for studying his MBA in Management and Entrepreneurship at France. 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 3'^'^ respondent, made his submissions. 4. As seen from the said communication, which is made part of the record, it is discernible SRK, J W.P.No.3374 of 2025 , 4 that there is no dispute with regard to the petitioner’s son pursuing Post Graduation Course 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. Hence, 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 petitioner as expeditiously as possible, within a period of four (4) weeks from SRK, J W.P.No.3374 of 2025 5 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. Sd/- N, HAGAMMA ASSISTANT REGISTRAR //TRUE COPY// -^P&^\CER SEC To, 1. The Special Chief Secretary to Government, State of AP, Economically Weaker Section Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary to Government, State of Andhra Pradesh, Finance and Planning Department, Secretariat, Velagapudi, Guntur District. 3. The Managing Director, Economically Backward Classes Welfare Department, 2nd Floor, Sri Vishnu Towers, Krishnaveni School Road, Poranki, Vijayawada, Krishna District. 4. The Director, Backward Classes Welfare Department, Vijayawada, Krishna District. 5. The District Collector EBC Welfare Wing, Bapatia District. 6. The District Collector BC Welfare Wing, Bapatia District. 7. The District BC Welfare Officer, Bapatia District. 8. The District EBC Welfare Officer, Bapatia District 9. One CC to Sri. Ravi Chandavarapu Advocate [OPUC] Two CCs to GP for Social Welfare High Court of Andhra Pradesh 10. [OUT] 11. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] 12. Two CD Copies GSC HIGH COURT DATED:30/07/2025 ORDER WP NO. 3374 OF 2025 S 2 I AUG 2025 S 'f* Current SMiion . DISPOSING THE WP WITHOUT COSTS