Madala Venkata Siva Koteswara Rao Vs the State of Andhra Pradesh

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APHC010412192023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327] (Special Original Jurisdiction)

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THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 21287/2023

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Between:

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MADALA VENKATA SIVA KOTESWARA RAO, S/O. SATHYANNARAYANA, AGED 55 YEARS, R/O. 29-1205/2, OPP. RTC QUARTERS, KOTHAPETA, VINUKONDA MANDAL, GUNTUR DISTRICT.

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...PETITIONER

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A N D

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, B C WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

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THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT

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THE DIRECTOR, BC WELFARE DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT.

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THE DISTRICT COLLECTOR BC WELFARE WING, GUNTUR DISTRICT

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THE DISTRICT BC WELFARE OFFICER, GUNTUR DISTRICT.

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...RESPONDENT(S):

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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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing financial assistance of Rs.10,00,000/- (Ten Lakhs) to the son of the petitioner Madala Vasudeva as per G.O. Ms. No.174 dated 07.12.2017 R/w. G.O.

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SRK, J W.P.No.21287 of 2023

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Ms. No. 29 dated 27.08.2016 despite sanction of funds by the Government under Application ID No. OV2018121203 as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to release financial assistance of Rs.10,00,000/- (Ten Lakhs) to the son of the petitioner Madala Vasudeva forthwith under Application ID No. 0V2018121203, and to pass

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IA NO: 1 OF 2023

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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 pleased to direct the respondents to release financial assistance of Rs.10,00,000/- (Ten Lakhs) to the son of the petitioner Madala Vasudeva forthwith under Application ID No. OV2018121203, pending disposal of the writ petition and pass

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Counsel for the Petitioner:

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1.RAMESH BABU TALLURI

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Counsel for the Respondent(S):

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1.GP FOR FINANCE PLANNING

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2.GP FOR SOCIAL WELFARE

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The Court made the following:

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SRK, J W.P.No.21287 of 2023

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3

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O R D E R

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Grievance of the Writ Petitioner in the present Writ Petition, is that despite sanction of funds by the Government, the respondents are not releasing the financial assistance of Rs.10,00,000/- to his son namely Madala Vasudeva under the NTR Videshi Vidyadharana Overseas Scholarship Scheme in pursuance of the application bearing No.OV2018121203, for studying Master of Computer Science at University of Missouri, Kanas City, United States.

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Today, when the matter came up for admission, it is submitted by the learned counsel for the petitioner that the subject matter of this Writ Petition is squarely covered by the order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023, wherein this Court held thus:

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“3. While making the above submissions, the learned counsel for the petitioner had also drawn the attention of this Court to the order of a learned Judge of this Court in W.P.No.21305 of 2023, dated 29.8.2023. On the other hand, learned Assistant Government Pleader for Social Welfare, on the basis of the communication dated 02.11.2023 addressed by the 3^rd respondent, made his submissions.

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4. As seen from the said communication, which is made part of the record, it is discernible that there is no dispute with regard to the petitioner’s son pursuing Post Graduation Course of Masters in Information Technology

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SRK, J W.P.No.21287 of 2023

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and Systems from the University of Tasmania, Australia. It would further appear that the verification of documents was completed and the petitioner’s son is eligible for financial assistance, in view of the report submitted by the Vigilance and Enforcement Department. But it takes three months’ time for completing the process of making payment of the amount (for receipt of budget from the Government and for sanction of the amount).

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5. This Court, considering the submissions made and the object of the Government in issuing the above referred Government Orders, is of the opinion that any unreasonable delay on the part of the respondent Authorities, is not just or tenable more particularly in the light of the averments made in Paragraph No.8 of the writ affidavit and results in irreparable prejudice to the petitioner. The grievance of the writ petitioner is well founded.”

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3. Learned Assistant Government Pleader for Social

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Welfare representing respondent Nos.1, 3 to 5, filed written instructions, acceding with the contention of petitioner that the subject matter of this Writ Petition is squarely covered by the order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023. It is submitted that the Managing Director of APEBC Corporation prepared a bill vide Proceedings No.952/EBCVVD/2024-9, dated 04.09.2024 to transfer the funds to the bank account of the son of the petitioner by generating bill No.20241347275 and the bill was approved on 10.09.2024, but it is due to the year-end activity on 31.03.2025, the bill was closed by the

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SRK, J W.P.No.21287 of 2023

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Finance Department and it was returned to the DDO as per Articles 39 and 50 of Andhra Pradesh Financial Code, Vol.I. Therefore, learned Assistant Government Pleader prays the Court to grant three months’ time for completion of the process of making payment to the petitioner’s son.

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Having regard to the Order passed by this Court in Writ Petition No.28790 of 2023, dated 02.11.2023 and for the reasons mentioned therein and also considering the submission of the learned Assistant Government Pleader, this Writ Petition is disposed of, with a direction to the respondents to release the financial assistance of Rs.10,00,000/- (Rupees ten lakhs only) to the petitioner’s son within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.

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________________________ JUSTICE K. SREENIVASA REDDY

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14^th August, 2025.

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DNB

Madala Venkata Siva Koteswara Rao v. the State of Andhra Pradesh

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Madala Venkata Siva Koteswara Rao v. the State of Andhra Pradesh

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