Andhra Pradesh High Court - Amravati
Muddada Swathi, vs The State Of Andhra Pradesh on 17 November, 2022
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
I.A.No.1 of 2022
in
WRIT PETITION No.6924 of 2022
Farmers 26 in number filed the above writ petition
seeking writ of mandamus declaring the high handed action
of the respondents in not disbursing the payments due to the
petitioners relating to the procurement of 1027.95 metric tons of black gram for Rabi season 2018-19, on the basis of letter Rc.No.820/2020 dated 14.08.2021 addressed by respondent No.4 to respondent No.2, as illegal, arbitrary and in violation of Articles 14 and 300-A of the Constitution of India.
2. The particulars of agriculture lands possessed by the respective petitioners are as under:
S.No. Array of the Extent of land
Place
petitioner owned
1 Petitioner No.1 Ac.7-80 cents Geddavanipeta
village
2 Petitioner No.2 Ac.8-24 cents Narayanavalasa
of Narasannapet
Village
3 Petitioner No.3 Ac.3-27 cents Arasavelli Village
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4 Petitioner No.4 Ac.3-74 cents Arasavelli Village
5 Petitioner No.5 Ac.15-35 cents Arasavelli Village
6 Petitioner No.6 Ac.7-56 cents Arasavelli Village
7 Petitioner No.7 Ac.2-28 cents Arasavelli Village
8 Petitioner No.8 Ac.10-86 cents Gollalavalasa
Village
9 Petitioner No.9 Ac.1-70 cents Killam Village
10 Petitioner No.10 Ac.2-65 cents Killam village
11 Petitioner No.11 Ac.4-00 cents Konda
Kothapalli
Village
12 Petitioner No.12 Ac.2-25 cents Konda
Kothapalli
Village
13 Petitioner No.13 Ac.00-90 cents Konda
Kothapalli
Village
14 Petitioner No.14 Ac.2-00 cents Challayavalasa
village
15 Petitioner No.15 Ac.4-22 cents Gollalavalasa
Village
16 Petitioner No.16 Ac.3-46 cents Korlam Village
17 Petitioner No.17 Ac.4-68 cents Nandigam village
18 Petitioner No.18 Ac.9-29 cents Telugu Village
19 Petitioner No.19 Ac.8-68 cents Nandigam
Village
20 Petitioner No.20 Ac.6-41 cents Nandigam
Village
21 Petitioner No.21 Ac.6-63 cents Nandigam
Village
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22 Petitioner No.22 Ac.4-43 cents Mammannapalli
Village
23 Petitioner No.23 Ac.14-34 cents Ambala Village
24 Petitioner No.24 Ac.8-23 cents Kalingapatnam
Vomaravalli
Villages
25 Petitioner No.25 Ac.7-46 cents Buragam Village
26 Petitioner No.26 Ac.10-38 cents Vomaravalli
Village
3. The above lands are situated in different villages and Mandals of Srikakulam District. The revenue authorities updated petitioners' names in revenue records and issued pattadar passbooks and title deeds. Petitioners are eking out their livelihood by cultivating land more particularly seasonal crops such as paddy, black gram, green gram, groundnut, etc. In the year, 2018 petitioners cultivated black gram.
4. The Chief Executive Officers of Primary Agriculture Co- operative Society, Chalavanipeta and Allada Village entered into agreement with NAFED and A.P. Mark Fed to procure black gram from the farmers within their societies. Accordingly, black gram (Minumulu) was procured from the petitioners and other farmers from 19.06.2018 to 28.06.2018. Receipts were issued mentioning the names of farmers and 4 quality procured and amount. The particulars of procurement are as under:
Quantity of black S.No. Array of the gram procured Payable Amount petitioner (quintals) (Rs.) 1 Petitioner No.1 10 54,000/- 2 Petitioner No.2 23 1,24,000/- 3 Petitioner No.3 8 43,200/- 4 Petitioner No.4 6.5 35,100/- 5 Petitioner No.5 18.5 99,900/- 6 Petitioner No.6 15 81,000/- 7 Petitioner No.7 5 27,000/- 8 Petitioner No.8 25 1,35,000/- 9 Petitioner No.9 25 1,35,000/- 10 Petitioner No.10 25 1,35,000/- 11 Petitioner No.11 10 54,000/- 12 Petitioner No.12 8.5 45,900/- 13 Petitioner No.13 6 45,900/- 14 Petitioner No.14 6.5 35,100/- 15 Petitioner No.15 23 1,24,000/- 16 Petitioner No.16 23.5 1,26,900/- 5 17 Petitioner No.17 25 1,35,000/- 18 Petitioner No.18 22 1,18,000/- 19 Petitioner No.19 25 1,35,000/- 20 Petitioner No.20 25 1,35,000/- 21 Petitioner No.21 25 1,35,000/- 22 Petitioner No.22 25 1,35,000/- 23 Petitioner No.23 25 1,35,000/- 24 Petitioner No.24 25 1,35,000/- 25 Petitioner No.25 25 1,35,000/- 26 Petitioner No.26 25 1,35,000/-
5. As per the procurement, respondent No.2 credited amount to the credit of A.P. Markfed enabling respondent No.4 to disburse the amounts to the farmers. At that point of time, when the amounts were supposed to be disbursed to the farmers, news item was published in Eenadu Newspaper District edition on 06.07.2018 and 07.07.2018 with caption "Minumulo Maayalu Moliche".
6. Basing on the said news, District Collector directed the then Joint Director, Agriculture to submit a preliminary report with regard to procurement of black gram seed by AP 6 Markfed through PACS Challavanipeta and PACS, Allada. Joint Director, Agriculture, Srikakulam, after conducting enquiry submitted the report. Basing on the said report, Joint Collector, Srikakulam was appointed as Enquiry Officer to conduct discrete enquiry into the matter and submit report. The said Enquiry Officer submitted report.
7. In view of the findings made against the employees of Agriculture and Markfed Departments, in the enquiry report, District Collector requested the Managing Director, AP Markfed, Vijayawada not to release the amounts to the accounts of the farmers as per the list submitted by the District Manager, Markfed, Srikakulam vide letter, dated 21.07.2018 of the Agriculture Department.
8. As the matter stood thus, one R. Ramanamurthy and other farmers made representation requesting to take necessary action to arrange for payment of amounts with regard to the black gram seed which was procured for the Rabi season 2018-19.
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9. Subsequently, District Manager, AP Markfed, Srikakulam submitted details of 106 farmers and requested to release payment. Joint Director, Agriculture, Srikakulam submitted report on 16.09.2020, after scrutinizing the details of 106 farmers, found that 83 farmers are eligible for payment of amount of black gram procured through PACS Challavanipeta and Allada of Jalumuru Mandal during Rabi season 2018-19. The names of the petitioners herein are included in the list which is filed at page 75 along with writ petition. Basing on the said report, District Manager, A.P. Markfed and Joint Director, Agriculture were directed to take necessary action to arrange payments to 83 eligible farmers.
10. The Joint Director, Agriculture, Srikakulam requested to accord permission to release payment of Rs.97,79,400/- to 83 eligible farmers through A.P. Markfed, Srikakulam. At that juncture, Joint Collector (RB &R), Srikakulam, before according permission to release the payment, has instructed the Joint Director, Agriculture to circulate all enquiry reports of the Mandal Agriculture Officers. Joint Director, 8 Agriculture, Srikakulam submitted that 9 Mandal Agriculture Officers have resubmitted enquiry reports.
11. In view of contrary reports by two authorities, (1) Joint Director, Agriculture, Srikakulam and (2) District Manager, Markfed, Srikakulam,, the District Collector, (one for recommendation for payment of amounts to the farmers and another for rejecting representations) District Collector, by the proceedings impugned requested not to release the amounts to the accounts of the farmers in the list submitted by the Joint Director, agriculture, Srikakulam, till further enquiry. Assailing the same, the present writ petition is filed.
12. Heard Sri Posani Venkateswarlu, learned Senior Counsel, representing Sri M. Lakshmi Narayana, learned counsel for the petitioners, Smt. P. Srilatha Reddy, learned standing counsel for respondent Nos.3 and 4, learned Government Pleader for Agriculture, for respondent Nos.7 and 8.
13. Learned Senior Counsel for the petitioners would contend that petitioners are farmers eking out their livelihood 9 by cultivating the lands. Pattedar passbooks and title deeds, prima facie established that they own respective lands. He would further contend that the receipts filed along with this writ petition from page Nos.101 to 151 strengthened the case of the petitioners that respondent Nos.3 and 4 procured black-gram from the petitioners and issued receipts to that extent. He would also contend that letter addressed by District Manager, Markfed, Srikakulam, along with report discloses that petitioners are entitled for payments of procured crop during 2018-19. The District Collector, after three years of procurement passed the order impugned in the writ petition directing respondent No.3 not to release the amount and the same is illegal, arbitrary and in violation of Articles 14 and 300-A of the Constitution of India.
14. On the other hand, learned standing counsel for respondent Nos.3 and 4 submits that in view of the contrary reports submitted one by Joint Director, Agriculture, Srikakulam and the other by District Manager, Markfed, Srikakulam, the District Collector by proceedings impugned directed not to release the amounts in favour of the 10 petitioners and other farmers, whose names appeared in the list, pursuant to the letter, dated 24.10.2020 addressed by the District Manager, A.P. Markfed, Srikakulam to General Manager (Procurement), A.P. Markfed. Learned standing counsel would further submit that as per the report of District Manager, A.P. Markfed, Srikakulam, procurement was made through middlemen but not from the farmers. In fact after enquiry District Manager was terminated from services. 3rd respondent addressed letter to the District Collector dated 23-6-2021 qua genuineness of 83 farmers and the District Collector inturn informed that it is very difficult to identify genuineness of true farmers and requested 3rd respondent not to release the amounts. Learned counsel would further submit that petitioners are required to get separate declaration from the District Collector stating that blackgram was procured from them. Basing on the said certificate, amount will be released.
15. Counter affidavit was filed on behalf of 14th respondent. In the said counter affidavit it was contended interalia that as per the directions of AP MARKFED, he collected the details of 11 farmers and crop and same were uploaded in the tab given by them; that grains were collected from farmers in the presence of AP Markfed.
16. The point arises for consideration is Whether the petitioners proved prima facie case to grant interim relief in their favour?
17. Petitioners 26 in number, by filing pattedar passbooks and title deeds established that they are farmers and cultivation is their source of living. The receipts issued by the concerned Clerk, which contain the signature of the Clerk and also the name of farmer, would further indicate that black gram seed was procured from each of the farmers for Rabi Season 2018-19. Receipts would also, infact indicate the quantity of the black gram procured and the amounts for which farmers are entitled to. The procurement was in the month of June, 2018. 2nd respondent credited the amount. Even after lapse of four years, petitioners are yet to receive the amount for the black gram seed procured by respondent Nos.3 and 4 in the year, 2018.
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18. A perusal of report of Project Director, District Women and Child Development Agency, Srikakulam, vide Rc.No.06/2019, dated 13.02.2020 submitted to the District Collector, Srikakulam, would indicate that the authority recommended to drop charges against the concerned VROs as charges are not proved, since stock supplied was found correct. In the writ affidavit, it was also asserted that in fact charges were dropped against six officers, who allegedly involved in procuring the black gram.
19. In the enquiry report, dated 18.09.22018 submitted by Joint Collector, Srikakulam to District Collector, dated 18.09.2018, the statements of CEOs of PACS, Allada and PACS, Chalavanipeta, were extracted, which would disclose that they have entered into agreement with Markfed, Srikakulam, to procure black gram from 18.06.2018 and they procured black gram up to 25.06.2018 as per the certificates issued by VRO and agricultural staff with the purchase document and stock was sent through Markfed. With an intention to improve the business of their society and its overall development, they have taken up procurement work 13 and pleaded that there is no fault of theirs. Thus, statements of concerned CEOS also go to show that farmers cultivated black gram during Rabi season 2018-19 and the same is procured through respondent Nos.13 and 14.
20. The Government, after procuring the black gram under minimum support prices cannot withhold the amounts on the ground of some news item published. Of course in the counter filed by 3rd respondent it was mentioned that District Manager, AP Markfed, was terminated. The alleged termination does not allow the authority to withhold the amount payable to the farmers whose produce was procured.
21. Neither the counter affidavit nor the additional counter affidavit do not indicate about any further developments pursuant to the proceedings impugned in the writ petition. After lapse of four years, farmers are yet to get their amounts, for which they are entitled. No counter was filed on behalf of the 5th respondent.
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22. It is also pertinent to mention here that the counter affidavit is silent as to the alleged traders who supplied black gram.
23. The writ petition was filed on 22.03.2022. The writ petition under went seven adjournments. However, no counter was filed District Collector.
24. The material papers filed along with writ petition, Prima facie, in the opinion of this Court, would prove that the writ petitioners are genuine farmers. In fact, in the counter affidavit of 3rd respondent there is no denial to the averment made by the petitioners that they are farmers. In the considered opinion of the court, in the absence of any other material, petitioners are entitled to get money as mentioned in the receipts filed along with writ petition. Whether, the petitioners are entitled to interest, if any, will be decided in main writ petition.
25. Proceedings of 5th respondent vide Rc.No. 820/2020, D8 Dt.14-8-2021 is hereby suspended.
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26. Respondents Nos.3 and 4 shall release the respective amounts to petitioners forthwith within a period of two weeks from today.
List on 01.12.2022, under the caption 'For Orders'.
_______________________________ JUSTICE SUBBA REDDY SATTI Date: 17.11.2022 ikn 16 HON'BLE SRI JUSTICE SUBBA REDDY SATTI I.A.No.1 of 2022 In WRIT PETITION No.6924 of 2022 Date : 17.11.2022 ikn