Partly allowed

M/S Rudra Agro Services v. the State of Andhra Pradesh

Andhra Pradesh HC5 Nov 2024WP/9194/2024

Case brief

AI extract

What is this about?

Writ petition challenging withholding of payments for supplied tractors and farm implements. Court directed release of admitted amount of Rs. 23,98,922 within 10 weeks and allowed negotiation for the balance. Petition disposed of without costs.

What did the court decide?

Direction to release admitted amount of Rs. 23,98,922 within 10 weeks; permission to negotiate for remaining balance.

M/S Rudra Agro Services Vs the State… — 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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WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 9194 OF 2024

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Between:

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M/s. Rudra Agro Services, 7/2/12/1, Ramachandrapuram, Eluru Road, Jangareddygudem, West Godavari, Andhra Pradesh Rep by its Managing Partner, Bolla Krishna Kishore Reddy, S/o Kesava Narayana Reddy, Hindu, Aged 47 years, R/o 9/132, N.V.N Colony, Eluru Road, Chintalapudi, West Godavari 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,^Gunttir 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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The Commissioner and Director of Agriculture, Government^ofAndhra Pradesh, Agricultural Department, Old Mirchi Yard,^{NallapaduRoad,} Guntur District.

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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 for with-holding the amount of Rs.34,50,000/-(Ru^pees Thirty Four Lakhs and Fifty thousand only) for supply^{oftheagriculture}

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machinery i.e., Tractors & Farm Implements under the scheme of Rythu Radham (SDP) 2018-19 and SMAM by the petitioner firm is illegal, arbitrary and violation of Article 14, 19, 21 & 300-A^{oftheConstitutionof} India and consequently, direct the respondents to pay the admitted amounts of Rs.34,50,000/-(Rupees Thirty Four Lakhs and Fifty 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 1 to 3 Respondents to release an amount of Rs.34,50,000/-(Rupees Thirty Four Lakhs and Fifty thousand only) with interest and other reliefs into the petitioner account, 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 Respondent Nos.1 & 3: GP FOR AGRICULTURE Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following; ORDER

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No.9194 of 2024

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ORDER:

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The present Writ Petition is filed aggrieved by the^actionofthe respondents in with-holding the amount of Rs.34,50,000/-^forsupplyof the agriculture machinery, i.e., tractors and farm^{implementsunderthe} scheme of Rythu Radham (SDP) 2018-19 and SMAM by the^petitioner, as the said action is illegal, arbitrary and in violation^{ofArticles14,19,} 21 and 300A of the Constitution of India and consequently^prayedto direct the respondents to pay the said amount with^{cumulativeinterest.}

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Learned Assistant Government Pleader furnished a letter^dated 09.09.2024, which is addressed by the Director of Agriculture,^Andhra Pradesh, Guntur, to the Government Pleader Office. As seen from the said letter, it transpires that the petitioner has^{suppliedtheequipment} which values for Rs.64,38,922/- in 2018-2019'and out^ofwhich,the respondents paid an amount of Rs.40,40,000/- under^RythuRadham through CFMS as on date and the pending amount is Rs.23,98,922/only and the Commissioner of Agriculture addressed letter, vide Lr.No.AGC02-19021/9/ 2021 dated 21.02.2022 to the Government to release and transfer the lapsed amount to SNA account^ofSMAMand

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the Government is releasing the budget in a phased manner and prayed this Court to grant 4 to 5 months time to the respondents for arranging the budget release of admitted amount of Rs.23,98,922/ to the petitioner and the respondents are admitting that the petitioner has supplied the machinery and equipment and there is a due amount of Rs.23,98,922/-.

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As there is no dispute with regard to the payment of amount of Rs.23,98,922/-, this Court is inclined to dispose of the Writ Petition with a direction to the respondents to release the admitted amount of Rs.23,98,922/- to the petitioner within a period of ten (10) weeks from the date of receipt of a copy of this order and for the rest of the amount. and also permitting the petitioner to negotiate with the respondents for the rest of the amount. •

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With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel thereto. Miscellaneous Petitions pending, if any, shall stand closed.

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//TRUE COPY//

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SD/- SHAIK MOHD. RAFl assistant RE(^STRAR

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SECtiS^^FICER

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To,

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The Principal Secretary, Agricultural Department,^{StateofAndhra} Pradesh, Secretariat Buildings, Velagapudi, Amaravathi,^{GunttirDistrict.}

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

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The Commissioner and Director of Agriculture, Government^ofAndhra Pradesh, Agricultural Department, Old Mirchi Yard, Nallapadu Road, Guntur District.

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

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

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Two CC’s to GP for Finance and Planning, High Court^ofA.P.at Amaravati[OUT]

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Three CD Copies.

ssb

HIGH COURT

DATED:06/11/2024

ORDER

WP.No.9194 of 2024

O 1 3 NOV ?C2t <br>. Current Section ^

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DISPOSING OF THE W.P. WITHOUT COSTS

M/S Rudra Agro Services v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S Rudra Agro Services v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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