Disposed

Prakash Agro Enterprises v. the State of Ap

Andhra Pradesh HC25 Apr 2023WP/1868/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by Prakash Agro Enterprises seeking a mandate to pay admitted amounts of Rs. 27,67,420 for supplied machinery under agricultural schemes. The Court directed respondents to complete verification and payment within six weeks via approved final bills.

What did the court decide?

Direction to complete verification within four weeks and pay final admitted amount within six weeks from receipt of final bills.

Prakash Agro Enterprises Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA

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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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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 1868 OF 2023

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Between:

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Prakash Agro Enterprises, Flat No. 41, Wood Complex, NH 5, Ongole, Prakasam District, Rep.by its Properitor, Gangireddi Hari Kishore Kumar, S/o Chenchi Reddy, Aged about 45 years, Occ. Business, R/o. 506, Block A3, S V Green Avenue, Joharapuram Road, A Camp, Prakasam 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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2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi.

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3. The Commissioner & Direptor 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.

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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.27,67,420/- (Twenty Seven Lakhs Sixty Seven Thousand Four Hundred and Twenty Rupees Only)as . per the CFMS is generated, is illegal, arbitrary, violation of principles of natural justice, contrary to the Rules & Regulations and consequently, direct the respondents to pay the admitted amounts of Rs,27,67,420/- (Twenty Seven Lakhs Sixty Seven Thousand Four Hundred and Twenty Rupees Only) with cumulative 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 writ petition, the High Court may be pleased to direct the 1 to 5 Respondents to release the admitted an amount of Rs.27,67,420/- (Twenty Seven Lakhs Sixty Seven Thousand Four Hundred and

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Twenty Rupees Only)through a proper channel into the petitioner account, pending disposal of the above writ petitioii.
Counsel for the Petitioner : SRI. DASARI S VV S V PRASAD Counsel for the Respondent Nos. 1,3 : GP FOR AGRICULTURE
Counsel for the Respondent No. 2 : GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 4,5 : GP FOR REVENUE The Court made the following : ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No. 1868 of 2023

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• - ........J

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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.27,67,420/in favour of the petitioner for supplying machineiy/equipments to the respondents. as illegal and arbitrary..

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The p'etitioner firm supplied machinery to the respondents like Rptavators, 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. 27,67,420/-. The grievance of the petitioner is that though the 3^^ 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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Learn’ed counsel for the. petitioner would submit that having

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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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. i J

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settle the bills within a reasonable time. Learned Government Pleader for Agriculture and learned Government Pleader for Finance 8b 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 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 for 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 costs.

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As a sequel thereto, interlocutory applications pending, if

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any in the writ petition, shall also stand closed.

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SD/- M.S.V. NAVEEN CHANDRA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

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To, 1. The Principal Secretary, Agricultural Department. State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings. Velagapudi, Amaravathi. 3. The Commissioner & Director of Agriculture, Government of Andhra Pradesh, Agricultural Department, Old Mirchi Yard, Nallapadu Road, Guntur District. . 4. 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] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies PV PV

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DAtED:25/04/2023

ORDER

WP.No.1868 of 2023

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DISPOSING THE WP WITHOUT COSTS

Prakash Agro Enterprises v. the State of Ap

Case brief

What is this about?

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Prakash Agro Enterprises v. the State of Ap

Case brief

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