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2026 DAILYLAW 16958 (AP)

KODUMUR MUCHI RAVITEJA v. THE STATE OF AP

WP/4483/2026 · 2026-03-01

Maheswara Rao Kuncheam

body2026

Judgment text

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APHC010074632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 4483/2026 Between: 1. KODUMUR MUCHI RAVITEJA, S/O M. VINOD KUMAR, AGED ABOUT 37 YEARS, OCC PROPRIETOR (TRANSPORT BUSINESS), R/O D.NO. 10/359, BHUDDEKALLU, ADONI (URBAN), ADONI MANDAL, KURNOOL DISTRICT - 518301 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES COMMERCE (P I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMAIRAVATHI, GUNTUR DISTRICT - 522238. 3. THE DIRECTOR OF INDUSTRIES, ANDHRA PRADESH, COMMISSIONERATE OF INDUSTRIES, ANDHRA PRADESH, 8TH FLOOR, APIIC TOWERS, NEAR IT PARK, MANGALAGIRI - 522503, GUNTUR DISTRICT. 4. THE COMMISSIONER OF INDUSTRIES, GOVERNMENT OF ANDHRA PRADESH, 8TH FLOOR, APIIC TOWERS, NEAR IT PARK, MANGALAGIRI - 522503, GUNTUR DISTRICT 5. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KURNOOL DISTRICT, KURNOOL - 518002. ...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 2 pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in releasing the sanctioned amount of Rs.4,49,550/- towards reimbursement of Investment subsidy incentive to the petitioner vide Application No. ISI2301155 for the claim period 25-AUG-23 to 25-AUG-24 under the Andhra Pradesh Industrial Development Policy 2023-27 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the said subsidy amount to the petitioner forthwith and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY 2. GP FOR FINANCE PLANNING The court made the following ORDER: The writ petition is filed under Article 226 of the Constitution of India, seeking the following main prayer: “…..declaring the inaction of the respondents in releasing the sanctioned amount of Rs.4,49,550/- towards reimbursement of Investment subsidy incentive to the petitioner vide Application No. ISI2301155 for the claim period 25-AUG-23 to 25-AUG-24 under the Andhra Pradesh Industrial Development Policy 2023-27 as illegal, arbitrary and unconstitutional and consequently direct the respondents to release the said subsidy amount to the petitioner forthwith and pass…..” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Mines & Geology. 3. According to the learned counsel for the petitioner, the petitioner belongs to SC community and he running micro enterprise which comes under the parameters enunciated under G.O.Ms.No.22, Industries & Commerce (P & I) dated 19.03.2023 issued by the 1st respondent, with a primary object to 3 provide vehicle incentive, subsidy, financial aid to the various entrepreneurs and industries which were registered under the provisions of Micro, Small and Medium Enterprises Act, 2006 and rules thereon. 4. Learned further counsel submits that keeping in view the said G.O.Ms.No.22 dated 19.03.2023, the petitioner purchased Ashok Leyland Bada Dost Vehicle with Chassis No.MB1BA42EPRGL5134, Engine No.GPH4039963P, bearing registration No.AP39VA3871 on 22.08.2023. He also states that the total Eligible Fixed Capital Investment (EFCI) for the vehicle is Rs.11,31,243/-, out of which, quantum loan amount is Rs.9,63,236/-. He claims that since the petitioner is entitled to Rs 4,49,550/- as 45% subsidy as per the deductions furnished in the policy guidelines as the petitioner comes under the realm of G.O.Ms.No.22 dated 19.03.2023 issued by the Government of A.P., the petitioner preferred an application dated 07.01.2024 for the claim to the respondent authorities. 5. Learned counsel submits that, though the 5th respondent vide letter No.664/A1/2025 dated 17.10.2025 sanctioned the requisite amount of Rs.4,49,550/- towards reimbursement, but for the reasons best known to the respondent authorities, the same was not released to the petitioner till today, which leads to violation of his right enunciated under Article 21 of the Constitution of India. 6. On the other hand, learned Assistant Government Pleader for Social Welfare consequent to the orders dated 27.02.2026 of this Court received written instructions dated 13.02.2026 and submits that the respondent 4 authorities had already disbursed partial amount of Rs.1,79,820/- in favour of the petitioner and remaining balance amount of Rs.2,69,730/- will be released as and when the funds are released by the Government. To substantiate her submissions, she placed a copy of the written instructions dated 13.02.2026 issued by the 3rd respondent. 7. On a perusal of the written instructions of the 3rd respondent, it appears that it is not in dispute that the respondent authorities have sanctioned total amount of Rs.4,49,550/- towards reimbursement of investment subsidy incentive for the claim period from 25th August, 2023 to 25th August, 2024 under the Industrial Development Policy 2023-2027, in favour of the petitioner. Further, at para No.7 of the said written instructions, it is stated that the partial amount of Rs.1,79,820/- was already disbursed to the petitioner and the remaining amount of Rs.2,69,730/- will be released in subsequent tranches based on the release of funds by the Government. 8. Therefore, having regard to the above submissions made on either side and in view of the written instructions dated 13.02.2026 of the 3rd respondent, which are made part of the record, this Court is inclined to dispose of the writ petition in the following manner:- i. Respondent No.3 is hereby directed to release the other half of the reimbursement amount i.e., Rs.2,69,730/- (Rupees two lakhs sixty nine thousand seven hundred and thirty only) [Rs.4,49,550/- (total sanctioned amount) – Rs.1,79,820/- (partially disbursed amount) = Rs.2,69,730/- (balance amount) ] to the petitioner, as early as possible, preferably, within a period of (3) three months, from the date of receipt of copy of this Order. 5 9. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 02.03.2026 GVK 6 164 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.4483 of 2026 Date: 02.03.2026 GVK