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2026 DAILYLAW 7655 (AP)

M LALITHA v. THES STATE OF ANDHRA PRADESH

WP/8332/2026 · 2026-08-17

Kiranmayee Mandava

body2026

Judgment text

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APHC010149472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8332 OF 2026 Between: 1. M LALITHA, W/o M. Tirupal Naik, Aged about 35 years, R/o A.L. Colony Village, C.K. Dinne Mandal, YSR Kadapa District, Andhra Pradesh - 516003. ...Petitioner AND 1. THES STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Tribal Welfare Department, Room No.214 (West), Block-Ill, 1st Floor, Secretariat, Velagapudi Amaravati, Andhra Pradesh. 2. The Director, Tribal Welfare Department, No. 40-3/1-46-4A, Ward No. 13, Koneru Lakshmaiah Street, Moghalrajpuram, Vijayawada, NTR District- 520010. 3. The Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation, Ltd. (TRICOR) Rep. by its Managing Director, Moghalrajpuram, Vijayawada, Andhra Pradesh - 520010. ...Respondents 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in 2 not releasing the balance of financial assistance of Rs. 10,50,000/- under the scheme of NSTFDC / Special Project Scheme for establishment of Plastic Recycling Unit, despite sanction and despite the order of this Honble Court in W.P. No.19688 of 2020 dated 15.12.2020, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents to release the balance financial assistance of Rs. 10,50,000/- to the petitioner or alternatively restructure/reschedule the loan and extend necessary support to revive the unit, and pass IA NO: 1 OF 2026 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 not to take any coercive steps for recovery of the loan amount from the petitioner and to consider the petitioner’s representation dated 28.02.2026 for release of balance financial assistance or restructuring of the loan, and pass Counsel for the Petitioner: MUDE SAI KUMAR NAIK Counsel for the Respondents: U KANAKA RAJU Counsel for the Respondents: GP FOR SOCIAL WELFARE 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8332 OF 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Social Welfare appearing for the respondents. 2. The grievance of the petitioner is against the action of the respondents in not releasing the financial assistance of Rs.10,50,000/- under the scheme of NSTFDC / Special Project Scheme for establishment of Plastic Recycling Unit and alternatively sought for a direction to the respondents for restructure/reschedule the loan and extend necessary support to revive the unit. 3. Learned counsel for the petitioner contends that the petitioner has applied for financial assistance of Rs.15,50,000/- for establishment of a Plastic Recycling Unit under NSTFDC / Special Project Scheme, implemented by the respondent No.3 Corporation. The proposal of the petitioner was sanctioned in the year 2019-2020 and a Part of the amount was also released. The petitioner prays for release of the balance amount of Rs.10,50,000/-. 4. It is contended that the petitioner had earlier approached this Court by way of a Writ Petition in W.P.No.19688 of 2020 was disposed of on 15-12- 2020 directing the respondent No.2 to take appropriate action pursuant to the proceedings of the respondent No.3 dated 25-09-2020, in accordance with law. However, no further orders have been passed pursuant to the order of this Court. 4 5. The respondent No.3 filed counter affidavit stating that the proposal of the petitioner for establishment of the recycling unit was examined and the same was sanctioned during 2019-20 with an outlay of Rs.5,00,000/- which includes loan (NSTFDC) of Rs.3,00,000/-, subsidy of Rs.1,75,000/- and Rs.25,000/- towards beneficiary contribution. It is further stated that, as per the terms of the scheme, the cost of land, buildings etc., would not be reimbursed to the applicants. Only, the cost of machinery & raw materials would be provided and the remaining working capital including building and cost of land etc., should be borne by the respective applicants. It is further stated that the subject project was not approved by the sanctioning authority, the petitioner had only submitted a proposal as prepared by a Chartered Accountant for sanction of the loan. It is further contended that unless the sanctioned loan amount is not repaid no further loans would be sanctioned nor revival of the proposals/restructure of the loan would be entertained till the loan amount advanced earlier is repaid. 6. Considered the submissions. This Court is of the view that no Mandamus could be issued with respect to the relief sought in the Writ Petition, in the light of the submissions made on behalf of the respondents that the sum of Rs.5,00,000/- itself represents loan, subsidy and beneficiary contribution and in the light of the respondents contention that the scheme would not allow them to advance further loans unless the loan advanced earlier is repaid, further in the absence of any scheme for revival of the sanctioned unit or restructure of the loan. 5 7. With the above observation, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 18-08-2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8332 OF 2026 Dated: 18-08-2026 MSI