Allowed

M/S Vasavi Agros v. the State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2024WP/2594/2024

Case brief

AI extract

What is this about?

Petitioner firm challenged withholding of Rs. 17,98,000 for agricultural machinery supplied under a subsidy scheme. Petitioner argued violation of Articles 14, 19, 21, and 300-A. Govt Pleader submitted instructions ensuring payment. Court disposed of the writ petition directing payment within four months pending receipt of funds.

What did the court decide?

The Writ Petition was disposed of; respondents were directed to pay the admitted amount of Rs. 17,98,000 within four months from the date of receipt of the order.

M/S Vasavi Agros Vs the State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY. THE NINETEENTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 2594 OF 2024

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Between:

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M/S Vasavi Agros, D.No.1-17-1 Sai Amutha Methods, Pal Nagar.Vizianagarani Rep by its Proprietor, Gella Nageswara^RaoS/oGella Tirupathi Rao , Hindu, Aged 44 years, Vizianagaram District, Andhra Pradesh - 535558.

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...PETITIONER

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AND

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The State Of Andhra Pradesh, Rep. by Secretary,^{TribalWelfare} Department, Secretariat Buildings, Velagapudi, Amaravathi,^Guntur District.

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

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Andhra Pradesh State Co-operative Marketing Federation Ltd, Rep by its Managing Director. A.P. Markfed Building, 56-2-11,4th 865th Floor, AP.Markfed Building, APIIC Colony, Jawahar Auto Nagar, Vijayawada - 520 007.

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The Project Officer, ITDA, Parvathipuram, Vizianagaram^district (Judicial) Andhra Pradesh.

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The District Manager, Andhra Pradesh State Co-operative Marketing Federation Ltd, Srinivasa Nagar, N C S Road, Vizianagaram.

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...RESPONDENTS

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‘’ Retitipp under Article 226 of the Constitution of^India praying^thatin the circucn^tances 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 with holding the amount of Rs. 17,98,000 (Rupees Seventy Lakhs and Ninety eight thousand Only) from the year 2018-2019 for supply of the agriculture machinery i.e.. Power knapsack Taiwan Sprayer, Foot Sprayer ISI 8mts house pipe. Tarpaulins poly sheets by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondents to pay the admitted^amountsofRs. 17,98,000 (Rupees Seventy Lakhs and Ninety eight thousand Only) with cumulative interest.

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lA NO: 1 OF 2024

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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 Respondents to release an amount of Rs. 17,98,000 (Rupees Seventy Lakhs and Ninety eight thousand Only) into the petitioner account forthwith, pending disposal of the above writ petition.

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Counsel for the Petitioner : SRI DASARI S VV S V PRASAD

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Counsel for the Respondents : GP FOR SOCIAL WELFARE

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Counsel for the Respondents R2 : GP FOR FINANCE & PLANNING

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY .THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 2594 OF 2024

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Between:

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M/S VASAVI AGROS, D.No.1-17-1 Sai Amutha Methods.^Pal Nagar.Vizianagarani Rep by its Proprietor. Gella Nageswara Rao S/o Gella Tirupathi Rao Hindu, Aged 44 years Vizianagaram District, Andhra Pradesh - 535558.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, , Rep. by Secretary, Tribal Welfare Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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

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Andhra Pradesh State Cooperative Marketing Federation^Ltd, Rep by its Managing Director, A.P. Markfed Building,^56-2-11, 4th 865th Floor, AP.Markfed Building, APIIC Colony,^Jawahar Auto Nagar, Vijayawada - 520 007.

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The Project Officer, ITDA, Parvathipuram, Vizianagaram district (Judicial) Andhra Pradesh.

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The District Manager, Andhra Pradesh State Co-operative Marketing Federation Ltd, Srinivasa Nagar, N C S Road, Vizianagaram.

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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 ngture of Writ of Mandamus declaring the action of the with-holding the amount of Rs. 17,98,000 (Rupees Seventy Lakhs and Ninety eight thousand Only)^fromthe year 2018-2019 for supply of the agriculture machinery i.e.. Power knapsack Taiwan Sprayer, Foot Sprayer ISI 8mts house pipe. Tarpaulins poly sheets by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondents to pay the admitted amounts of Rs. 17,98,000 (Rupees Seventy Lakhs and Ninety eight thousand Only) with cumulative interest, and to pass

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Counsel for the Petitioner(s):SRI. DASARI S VV S V PRASAD

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Counsel for the Respondents: GP FOR SOCIAL WELFARE (AP)

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GP FOR FINANCE & PLANNING

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The Court made the following:

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ORDER:

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The case of the petitioner, in brief, is that the respondent introduced the scheme for the implementation of the productions systems improvement under PMKSY (Watershed) for supply of Agricultural and Horticulture inputs to ITDA Parvathipuram under subsidy. Accordingly, as per the instructions issued by the A.P. State Cooperative Marketing Federation Ltd., the petitioner firm supplied machineries like i.e.. Power knapsack Taiwan sprayer. Foot Sprayer ISI 8 Mts house pipe. Tarpaulins ply sheets under the scheme^ofPMSKY (Watershed) and IWMP and the same was acknowledged by the 5"^ respondent. The above machines/instruments supplied^tothefarmers as per the directions issued by the respondents from^{timetotime,the} same was acknowledged by the respondent authorities. The respondents created a web-portal called as DBT(Direct Benefit Transfer). All the material supplied by the petitioner^{firmreflected} in their web-portal by giving ID number which is linked^{withAadharand} Mobile numbers, which information is very much available with the respondents in the web-portal as well as manual; after supply of the above said machinery, the respondents will prepare the bills and forward the same from one authority to another authority by duly following procedure by generating CFMS.

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While so, in spite of supplying the machinery by the^petitionerin the year 2018-19, the 2"^' respondent has not yet released^theamount to the petitioners Firm, due to which the petitioner^{Firmisfacingwith} financial crisis. The respondent authorities after^{dueverification,both} physically and documentary, only generated CFMS bills^andprocessed the same. But the same is pending from 2018-19 and despite several representations submitted by the petitioner, till today the respondents not yet released the admitted amount. Hence, the present Writ petition.

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Today, when the Writ Petition is taken up for hearing, learned Government Pleader for Social Welfare has produced a copy of instructions vide Rc.No.01/WDC-PMKSY 2.0/APD/2023/ dated 31.01.2024 received from the Project Officer, ITDA, Parvathipuram Parvathipuram Manyam District, wherein it is stated^{thatoutofthetotal} amount of Rs. 1,68,36,000/-, an amount of Rs. 1,50,38,000/- was paid in different spells through cheques in favour of the District Manager, Markfed, Vizianagram for onward payment to the writ petitioner Company and the balance amount of Rs. 17,98,000/is outstanding to be paid to the writ petitioner firm. Further stated^{thattheFundTransfer} Orders (FTOs) for the remaining balance amount of Rs.^17,98,000/- were granted and uploaded to the Commissioner, PR&RD, A.P., Vijayawada for payment of amount in favour of Project^{Officer,ITDA,} Parvathipuram so as to enable to make payment to the writ petitioner.

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Hence, the amount will be paid to the writ petitioner immediately after receipt of founds from the Commissioner, PR&RD,A.P.,^Vijayawada.

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In view of the above instructions, keeping the Writ Petition pending, this Court deems it appropriate to dispose of the Writ Petition, directing the respondents to pay the admitted amount of Rs. 17,98,000/-

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to the petitioner, within a period of four (04) months^{fromthedateof} receipt of a copy of the order.

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Accordingly, the Writ Petition is disposed of, There^shallbeno order as to costs.

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Miscellaneous petitions pending, if any, in this Writ^{Petitionshall} stand closed.

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Sd/- SHAIK MOHD RAFI ASSISTANT,REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Secretary, Tribal Welfare Department, State^{of AndhraPradesh} Secretariat Buildings, Velagapudi, Amaravathi, Guntur^District.

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The Principal Secretary, Finance & Planning Department,^Stateof Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The Managing Director, Andhra Pradesh State Co-operative Marketing Federation Ltd, A.P. Markfed Building, 56-2-11,4*^ & Floor, AP.Markfed Building, APIIC Colony, Jawahar Auto Nagar, Vijayawada - 520 007.

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The Project Officer, ITDA, Parvathipuram, Vizianagaram^district (Judicial) Andhra Pradesh.

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The District Manager, Andhra Pradesh State Co-operative Marketing Federation Ltd, Srinivasa Nagar, N C S Road, Vizianagaram.

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One CC to Sri. Dasari S V V S V Prasad, Advocate [OPUC]

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Two CCs to Gp For Social Welfare, High Court of^{AndhraPradesh.} [OUT]

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Three CD Copies

HIGH COURT

DATED:19/02/2024

ar o'
O 2 2 JUL ITi m
Cc-
VA- Section

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ORDER

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WP.No.2594 of 2024

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DISPOSING OF THE W.P WITHOUT COSTS

M/S Vasavi Agros v. the State of Andhra Pradesh

Case brief

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What did the court decide?

M/S Vasavi Agros v. the State of Andhra Pradesh

Case brief

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