Telaprolu Sitamma Vs the State of Ap

State of Andhra Pradesh, Represented by its Principal Secretary to Government, Finance and Planning Department, Secretariat, Velagapudi, Guntur District

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The Managing Director, Economically Backward Classes Welfare Department, 2""^ Floor, Sri Vishnu Towers, Krishnaveni School Road, Poranki, Vijayawada, Krishna District.

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The Director, Backward Classes Welfare Department, Vijayawada, Krishna District.

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The District Collector, EBC and BC Welfare Wings,^{PrakasamDistrict.} 6. The District BC Welfare Officer, Prakasam District. 7. The District EBC Welfare Officer, Prakasam 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 order, writ or direction more particularly^{oneinthenatureof} Writ of Mandamus declaring the action of the respondents in not releasing financial assistance of Rs. 10,00,000/- (Ten Lakhs)to the daughter of the petitioner Telaprolu Nandini under Application ID No. OV2019122121 despite sanction of funds by the Government as per G.O.Rt No.174 dated 07.12.2017 r/w. G.O.Ms. No.29 dated 27.08.2016 as illegal, arbitrary and^{unconstitutional} and consequently direct the respondents to release financial assistance of Rs. 10,00,000/- (Ten Lakh) to daughter of the petitioner Telaprolu Nandini under Application ID No. OV2019122121 forthwith

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to ^irect the respondents to release financial assistance of Rs.1O,00,00OA (Ten Lakh) to daughter of the petitioner Telaprolu Nandini under Application ID No. PV2019122121 forthwith, iD^ndm^ disposal of the writ petition

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Counsel for the Petitioner: SRI RAMESH BABU TALLURI

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Counsel for the Respondents No.1, 3 to 7: GP FOR SOCIAL WELFARE (AP)

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Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING (AP)

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The Court made the following order:

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//

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APHC010643842023

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IN THE HIGH COURT OF ANDHRA SMS PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE NINETEENTH 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 N0.33212 OF 2023

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Between:

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TELAPROLU SITAMMA, W/o. late Venkata Rao, aged 47 years, R/o. Chennupalli (V) Ballikurva M Prakasam District.

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...Petitioner

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AND

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THE STATE OF AP, Represented by its Principal Secretary^to Government, B C Welfare Department, Secretariat, Velagapudi, Guntur District. 2. State of Andhra Pradesh, Represented by its Principal Secretary to Government, Finance and Pianning Department, Secretariat, Velagapudi, Guntur District 3. The Managing Director, Economically Backward Classes Welfare Department, 2nd Floor, Sri Vishnu Towers, Krishnaveni School Road, Poranki, Vijayawada, Krishna District. 4. The Director, Backward Classes Welfare Department, Vijayawada, Krishna District. 5. The District Collector, EBC and BC Welfare Wings,^Prakasam District. 6. The District BC Welfare Officer, Prakasam District. 7. The District EBC Welfare Officer, Prakasam 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

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SRK, J W.P.No.33212 of2023

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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^assistanceof Rs. 10,00,000/- (Ten Lakh) to the daughter of the petitioner Telaprolu Nandini under Application ID No. OV2019122121 despite sanction of funds by the Government as per^G.O.Rt No.174 dated 07.12.2017 r/w. G.O.Ms. No.29 dated 27.08.2016 as illegal, arbitrary and unconstitutional and consequently^direct the respondents to release financial assistance of Rs. 10,00,000/(Ten Lakh) to daughter of the petitioner Telaprolu^Nandiniunder Application ID No. OV2019122121 forthwith.

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Counsel for the Petitioner: RAMESH BABU TALLURI

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

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Counsel for the Respondents: GP FOR FINANCE PLANNING (AP)

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SRK, J W.P.No.33212 of 2023

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The Court made the following ORDER:

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Grievance of the 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 her daughter namely Telaprolu Nandini^under the Videshi Vidyadharana Overseas Scholarship Scheme in pursuance of the application bearing No.OV2019122121, for studying Master of Information Technology Course in^Southern Cross University, Gold Coast, Queensland, Australia.

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Today, when the matter came up for admission, it is submitted by the learned counsel for the petitioner,^andacceded to, by the learned Assistant Government Pleader, 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^"^ respondent, made his submissions. 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

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SRK, J W.P.No.33212 of2023

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petitioner’s son pursuing Post Graduation Course of Masters in Information Technology 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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This Court, considering the submissions made and the object of the Government in issuing the above referred GovernmentOrders, 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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Hence, following the said order passed by this Court^inWrit Petition No.28790 of 2023, dated 02.11.2023 and for the reasons mentioned therein, this Writ Petition is disposed of, with a direction to the respondents to release the financial^assistanceof Rs. 10,00,000/- (Rupees ten lakhs only) to the petitioner^withina period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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SRK, J W.P.No.33212 of2023

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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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//TRUE COPY//

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Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR

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SECTfON OFFICER

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To,

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The Principal Secretary to Government, BC Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur^District.

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The Principal Secretary to Government, State of Andhra Pradesh, Finance and Planning Department, Secretariat, Velagapudi, Guntur District

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The Managing Director, Economically Backward Classes Welfare Department, 2"^^ Floor, Sri Vishnu Towers, Krishnaveni School Road, Poranki, Vijayawada, Krishna District.

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