A writ petition filed by Pathipati Foods Pvt. Ltd. seeking mandamus to release a sanctioned subsidy of Rs. 2.50 crores was disposed of. The Court held the matter open for the petitioner to challenge the subsequent stop order before the competent authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
X
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
40
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 7231 OF 2023
Between:
Pathipati Foods Pvt.Ltd., Rep. by its.Director Smt. Pathipati Kusuma Kumari, \N/o. Subrahmanyam Naidu, Aged 50 Years, # 5/126/w, Vathalur Road, Near Govt. Degree College, Rajampet, YSR Cuddapa District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Department of Industries and Commerce {Food Processing), Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2. The State of Andhra Pradesh, Department of Finance, Rep. by its Principa':
...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 a Writ, Order or Direction, more particularly, one in the nature of writ of Mandamus, declare the action of the respondent authorities in not disbursing/releasing the Grant-in-aid (Subsidy). amounting to Rs.2,50,00,000/(Rupees Two Crores and Fifty Lakhs only) which was sanctioned to the petiticner company under the Andhra Pradesh Food Processing Policy 2015-20 as contrary to law. illegal, arbitrary and against the principles of natural justice and consequently to direct the respondents to release the amount of Rs.2,50,00,000/(Rupees Two Crores and Fifty Lakhs only) to the petitioner Company along with interest and compensation.
lA NO: 1 OF 2023
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 respondents to release the amount of Rs. 1,25,00,000/- (Rupees One Crore and Twenty-Five Lakhs only) forthwith to the petitioner Company, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI POSANI AKASH Counsel for the Respondent No.1 : GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent No.3 : NONE APPEARED Counsel for the Respondent No.4 : SRI KASA JAGAN MOHAN REDDY Counsel for the Respondent No.5 : SRI G. R. SUDHAKAR
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.7231 OF 2023
Between:
Pathipati Foods Pvt. Ltd., represented by its Director Smt.Pathipati Kusuma Kumari, W/o Subrahmanyam Naidu, Aged 50 years, #5/126/w, Vathalur Road, Near Govt. Degree College, Rajampet, YSR Cuddapa District.
... Petitioner
Versus
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
to issue an appropriate writ or any other order or direction particularly one in the nature of writ of
Page 2 of 4
SRS, J W.P.No.7231 of 2023
mandamus declare the action of. the respondent authorities in not disbursing/releasing the Grant-in-aid (Subsidv) ^ountmg to Rs.2,50,00,000/- (Rupees Two Crores and Bitty Lakhs only) which was sanctioned to the petitioner onTc the Andhra Pradesh Food Processing Policy 2015-20 as contrary to law, illegal, arbitrary and against the principles of natural justice and consequently to direct the respondents to release the amount of Rs.2,50,00 000/fRupees Two Crores and Fifty Lakhs only) to the petitioner Company along with interest and compensation and pass such other or further orders..”
2. The grievance of petitioner is that the respondent authorities are not disbursing/releasing the Grant-in-aid (Subsidy) amount of Rs.2,50.00,000/- (Rupees Two Crores and Fifty Lakhs only), which was sanctioned to the petitioner under the Andhra Pradesh Processing Policy 2015-20.
Page 3 of 4
W.P.No.7231 of 2023
s^sj
is disposed of, leaving it open to the. petitioner to challenge the I
proceedings dated 26.07.2023 issued by respondent No.4, before
the competent authority. There shall be no order as to costs. I As a sequel, pending miscellaneous petitions, if any, shall
stand dismissed.
{ Sd/- K.SRINiVASA R/^Ju
ASSISTANT^ REGISTRAR^
V
//TRUE COPY//
si"' V-"’
if
HIGH COURT
DATE0:03/08/2023
ORDER
WP.No.7231 of 2023
AM bD|
3 0 SEP 2023
DISPOSING OF THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the High Court should have interfered with the non-disbursement of the sanctioned grant-in-aid subsidy by the respondent authorities.
Pathipati Foods Pvt. Ltd.
The State of Andhra Pradesh, Department of Industries and Commerce
The State of Andhra Pradesh, Department of Finance
The Andhra Pradesh Food Processing Society
The Chief Executive Officer, The Andhra Pradesh Food Processing Society
The Andhra Pradesh State Financial Corporation
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
