Disposed

Prakash Agro Implements v. The State of Andhra Pradesh

Andhra Pradesh HC25 Apr 2023WP/1867/2023

Case brief

AI extract

What is this about?

Held that the non-release of admitted amounts by the State for supplying agricultural machinery was arbitrary. Direct the respondents to complete verification within four weeks and pay dues within six weeks after final bill determination.

What did the court decide?

Direction to respondents to complete verification within four weeks and pay admitted amount within six weeks after final bill determination; interest claim left open for appropriate forum.

Prakash Agro Implements Vs The State… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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JO/

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1867 OF 2023

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Between:

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Prakash Agro Implements, Flat No. 41, Wood Complex, NH 5, Ongole, Prakasam District, Rep.by its Properitor, Allagadda Anitha Kumari, S/o Hari Kishore Kumar, Aged about 42 years, Occ. Business, R/o G3, Aishwarya Residency, K I G Colony, Near Raithu Bazar, K P H B Colony, Kukatpally, Rangareddy District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary, Agricultural Department, Secretariat Buildings, Velagapudi, Amaravathi.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi.

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The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Agricultural Department, Old Mirchi Yard, Nallapadu Road, Guntur District.

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4. ■ The District Collector, Prakasam District at Ongole. 5. The District Collector, Guntur District at Guntur.

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...RESPONDENTS

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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 not releasing the amount for supplying the machineries/equipments to the respondent authorities by the petitioner even though admitted amounts an amount of Rs. 4,08,565/-(Four Lakhs Eight Thousand Five Hundred and Sixty Five Rupees Only) as per the CFMS is generated, is illegal, arbitrary, violation of principles of natural justice, contrary to the Rules and Regulations and consequently, direct the respondents to pay the admitted amounts of Rs. 4,08,565/- (Four Lakhs Eight Thousand Five Hundred and Sixty Five Rupees Only) with interest.

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lA NO: 1 OF 2023

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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 1 to 5 Respondents to release the admitted an amount of Rs. 4,08,565/- (Four Lakhs Eight Thousand Five Hundred and Sixty Five Rupees Only) through a proper channel into the petitioner account, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI. DASARI S VV S V PRASAD Counsel for the Respondents 1,3 to 5: GP FOR AGRICULTURE Counsel for the Respondent 2: GP FOR FINANCE & PLANNING The Court made the following: ORDER

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i I

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( ■ (

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION rJo.1867 of 2023

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ORDER;

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This Writ Petition is filed to declare the action of the respondents in not releasing the admitted amount of Rs.4j08,565/- in favour Qi the petitioner for supplying machinery/equipments to the respondents, as illegal and arbitrary.

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The petitioner firm supplied machinery to the respondents like Rotavators, Multicrop Threshers, Cultivators, M.B.Plough, Sprayers, Tractors, Harvesters etc., under the scheme of NFSM, NMOOP. The respondents have to pay an amount of Rs.4,08,565/. The grievance of the petitioner is that though the 3’^’1 respondent sent a reply to the representations submitted by the petitioner, vide Rc.No.FM/145/2020 dated 08.09.2020 stating that they will clear the bills within two months, but so far they have not paid the amount.

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Learned counsel for the petitioner would submit that having approved the bills, non-payment of the bills. amount is arbitrary and illegal. The Hon’ble Apex Court as well as this Court in a catena of decisions held that non-payment of admitted bills is illegal and arbitrary and the respondents are under obligation to

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-J

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2-..-

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settle the bills within a reasonable time. Learned Government Pleader for Agriculture and learned Government Pleader for Finance 85 Planning would submit that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only such verification is being completed.

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Having regard to the facts, and circumstances of the case, submissions of the learned counsel,and on perusal of the material record, this Writ Petition is disposed of with a direction to the respondents to complete the process within a period of four weeks from the date of receipt of a copy of this order and thereafter, to • pay the amounts due to the petitioner after determination basing t upon the approved final bills by the respondents vide proceedings dated 08.09.2020 within a period of six weeks. It would be open to the petitioner to agitate its claim Tor interest, if any payable by the respondents in an appropriate forum. No costs.

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Accordingly, the Writ Petition is disposed of. No order as to

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costs.

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As a sequel thereto, interlocutory applications, pending, if any in the writ petition, shall also stand closed.

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Sd/. B PRABHAKAR RAO ASSISTANT REGISTER/ //TRUE COPY// ^SEC^r^N^^i^

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^SEC^r^N^^i^

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To, 1. The Principal Secretary. Agricultural Department State of Andhra Pradesh, Secretariat Buildings, Velagapudi. Amaravathi.

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The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi.

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The Commissioner and Director of Agriculture, Government of Andhra Pradesh, Agricultural Department, Old Mirchi Yard, Nallapadu Road, Guntur District.

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The District Collector, Prakasam District at Ongole. 5. The District Collector, Guntur District at Guntur. 6. One CC to Sri. Dasari S VV S V Prasad Advocate [OPUC] 7. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT] •^'"ance & Planning, High Court of Andhra Pradesh.

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Two CD Copies Sdkr ,,,

HIGH COURT

DATE0:25/04/2023

ORDER

WP.No.1867 of 2023

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16 SEP 2023 m
^SPATCVj^

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DISPOSING THE WP WITHOUT COSTS

Prakash Agro Implements v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Prakash Agro Implements v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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