In a writ petition for recovery of outstanding subsidy dues, the High Court directed the respondents to pay the balance amount of Rs. 7,58,364 to the petitioner within three months after receiving the order.
Direct the respondents to pay the balance amount of Rs. 7,58,364 to the petitioner within three months of the order.
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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 22341 OF 2021
Between;
Babu Nylon Ropes and Nets, Rep. by its Managing PartnerY. Narendra Kumar S/o Krishnamurthy Aged 60 years, 0/0 11-14-14 Velagaletivari Street Kothapet, Near Fish Market Vijayawada - 520 001
...PETITIONER
AND
...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 declaring the action of the Respondents in
withholding the final payment of Rs. 45,72,304/- for East Godavari District Bills payable to the petitioner pursuant to the tender notice N0.3OOI/J.I/2OI7 Dt. 28.08.2017 and the agreement entered into in between the respondent and the petitioner on dt.22-12-2017 inspite of several representations/reminders as illegal, arbitrary, violative and contrary to the principles of natural justice and consequently direct the respondents to pay off the outstanding dues amounts together with interest @ 24 and grant such other just relief or reliefs as this Hon'ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to file Reply affidavit in WP No. 22341 of 2021. lA NO: 1 OF 2021
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 grant interim direction directing the respondents to pay the outstanding amount of Rs. 45,72,304/- for East Godavari District Bills as ratified in the letter Rc. No.2779/A4/2020, dated 30.06.2021 of the Joint Director of Fisheries East Godavari pending disposal of the main writ petition.
Counsel for the Petitioner :SRI. K V ADITYA CHOWDARY Counsel for the Respondent No’s. 1 & 6: GP FOR FINANCE PLANNING Counsel for the Respondent No’s. 2 to5: GP FOR FISHERIES The Court made the following ORDER:
honourable smt. justice v.sujatha
WRTT petition No.22341 of 2021
ORDER.
be filed under Article 226 The present Writ Petition came to of the Constitution of India seeking the following relief:
in
receiving my application f J constitutional and consequently T97/S.TsyMc!9T/'l oT^iapa VUlage. Ee^gudem Mandal. NTR District in the interest of justice and to pass....
and learned counsel for the petitioner 2. Heard learned for the and Planning appearing Government Pleader for Finance Government Pleader for Fisheries Nos.l & 6, the learned respondent 5 and perused the material on appearing for the respondent Nos.2 to record. are that the petitioner IS an authorized 3. The brief facts of the case in the name and style of Babu Nylon Ropes and dealer doing business in , nets, boats and accessories Nets since 1996, supplying ropes of the fisheries department. While so. in pursuance pertaining to 28.08.2017 which was NO.3001/J.1/2017, dated tender notice firm has participated in the 30.08.2017, the petitioner’s published on tender process and the petitioner’s firm wasempanelledbythe3rd submit that supply for nets and boats. The petitioner respondent for
2
initially, the rates approved by the tender committee is validated for a period of one year from the date of agreement and thereafter, the respondent authorities have extended the tender process for one more year vide Lr.No.3001/Jl/2017, dated 06.12.2018 and have accepted the rates proposed by the petitioner for supply of nets and boats and consented the same by way of consent letter and agreement letter dated 20.12.2018. 4. Subsequently, the petitioner has supplied the requiredmaterial to the fishermen as per the directions of the 3rd and 4th respondents. As per the tender agreement dated 20.12.2017, payments to the 2nd party would ordinarily be made within a period of 30 days from the date of supply of equipment, however the same may get extended under special or unforeseen circumstances. The main grievance of the petitioner herein is that though the petitioner has supplied material to the beneficiaries as per the intimations given by the respective authorities and though the respondents have generated the CFMS number for a total amount of Rs.45,72,304/-, the respondentshave failed to make payments in terms of tender agreementswithin the stipulated time. Hence the writ petition. 5. Respondent Nos. 1 & 5 has filed a detailed counter-affidavit wherein it is stated that during the pendency of the writ petition, the petitioner has been paid an amount of Rs.38,13,940/towards subsidy component out of Rs.45,72,304/- amount payable to the
3
petitioner and the balance amount payable to the petitioner is Rs.7,58,364/- from the subsidy component against thecostof3units supplied.
- In view of the same, this Court feels it appropriate to dispose of the writ petition by directing the respondents to pay the balance amount of Rs.7,58,364/- from the subsidy component to the petitioner within a period of three (03) months from the date of receipt of a copy of the order.
- With the above direction, the Writ Petition is disposedof.There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
SD/-SHAIK MOHD. RAFI
ASSISTANT REGISTRAR //TRUE COPY//
SECTION OFFICER
To,
PRK
4?
HIGH COURT
DATED: 19/03/2024
ORDER
5/3:Uo 2 3 AUG 7m ml,
^ Current Section J
F* •IT '■ V'
WP.No.22341 of 2021
DISPOSING OF THE WP, WITHOUT COSTS
1 issue framed by the court
Whether the High Court should direct the payment of the balance subsidy amount pending in the writ petition.
1 provisions across 1 enactments
Babu Nylon Ropes and Nets
State of Andhra Pradesh
Justice V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
