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Boyapati Vara Prasad v. the State of Andhra Pradesh

Andhra Pradesh HC17 Oct 2023WP/20007/2023

Case brief

AI extract

What is this about?

A writ petition challenging non-release of sanctioned financial assistance for higher education abroad was disposed of at the admission stage. The Court directed the authorities to pay the amount within three months based on government reports confirming the beneficiary's eligibility.

What did the court decide?

Directed to pay financial assistance of Rs. 10,00,000/- to the beneficiary within three months.

Boyapati Vara Prasad Vs the State of Andhra… — Education and Admissions | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 20007 OF 2023

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Between:

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Boyapati Vara Prasad, S/o. Ramamohana Rao, Aged about 56 years, Occ: Farmer R/o. Door No. 10a/371, Gudivada Road, Jyothi Nagar Bapulapaciu, Hanuman Junction, Now Eluru District, A.P.- 521105

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...PETITIONER(S)

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AND

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

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

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The Deputy Director, B C Welfare, State of Andhra Pradesh Vijayawada, Krishna District, A.P.

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The District Collector, Eluru, A.P.

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The District B.C Welfare officer, Eluru, A.P.

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Economically Weaker Section Welfare Department, Secretariat, Velagapudi, Amaravathi.

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(R6 is impleaded as per the Court Order, dt.11.09.2023 vide order passed in I.A.2 of 2023.)

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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 a Writ, One in the nature of a WRIT OF MANDAMUS or any other appropriate Wirt, Direction or Order declaring the action of the respondent no.s 1 to 5 in not release of the sanctioned amount Rs. 10 lakhs for financial assistance of my son BOYAPATI SAI YAKSHAGNA to study his MASTER OF ENGINEERING ELECTRICAL POWER at University of SOUTH AUSTRALIA, MAWSON Lakes in Australia state, under the scheme of ‘VIDESHI VIDYA DEEVENA' Application ID No. OV2018119986, which is illegal, arbitrary, and unjust contrary to law and in violation of Articles 14, 19, 21 of Constitution of India and principles of Natural Justice.

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION No.20007 of 2023

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ORDER:

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This Writ Petition is filed by the petitioner, under Article 226

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of the Constitution of India, seeking the following relief:

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‘‘....to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos.l to 5 in not release of the sanctioned amount of Rs. 10,00,000/- (Rupees ten lakhs only) for fmancial assistance of the son of the petitioner Boyapati Sai Yakshagna to study his Master of Engineering Electrical Power at University of South Australia, Mawson lakes in Australia under the scheme of Videshi Vidya Deevena application ID No OV2018119986, which is illegal, arbitrary and to pass such other order or orders... ”

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2. Heard Sri Peddi Vijay Bhaskar, learned counsel for the petitioner, learned Assistant Government Pleader for Social Welfare appearing for respondent Nos.l, 3 to 5, learned Assistant Government Pleader for Finance appearing for respondent Nos.2. 3. Learned Assistant Government Pleader for Social Welfare Department, on written instructions dated 13.10.2023 which is placed on record, submitted that the son of the petitioner is eligible as per the report submitted by the Vigilance and Enforcement Department. However sought three (3) months time for processing the application and for payment.

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To the said submission, learned counsel for the petitioner reported no objection.

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5. Perused the written instructions dated 13.10.2023 which clearly shows that the son of the petitioner is eligible as per the report submitted by the Vigilance and Enforcement Department. In view of the above, there iIS no purpose in keeping the writ petition pending by inviting a counter and hence this Court is inclined to dispose of the writ petition, at the admission stage itself, with the consent of learned counsel for both the parties. 6. Accordingly, the respondent authorities are directed to pay the financial assistance amount to the son of the petitioner namely Boyapati Sai Yakshagna under application ID NO.OV2018119986, and at any rate, within a period of three (3) months from the date of receipt of a copy of this order. 7. With the above directions, the writ petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any, shall

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stand closed.

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SD/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary, BC Welfare Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi.

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

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3. The Principal Secretary, Economically Weaker Section Welfare Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi.

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The Deputy Director, B.C Welfare, State of Andhra Pradesh Vijayawada, Krishna District, A.P.

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The District Collector, Eluru, A.P.

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The District B.C Welfare officer, Eluru, A.P.

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One CC to Sri. Peddi Vijaybhaskar, Advocate [OPUC]

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Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT]

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Two CCVS to GP for Finance & Planning, High Court of Andhra Pradesh

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[OUT]

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10. Three CD Copies. gi

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HIGH COURT

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DATED: 17/10/2023

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ORDER

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WP.No.20007 of 2023

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I M

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ff 1 3 NOV 2023 "I
Current Sectiorr

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Boyapati Vara Prasad v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Boyapati Vara Prasad v. the State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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