Andhra Pradesh High Court - Amravati
M/S Texmo Pipes And Products Limited, vs The State Of Andhra Pradesh on 13 August, 2024
APHC010210732024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY, THE THIRTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No: 10652/2024
Between:
M/s Texmo Pipes And Products Limited, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M SHANMUKHA TEJA
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR AGRICULTURE
The Court made the following:
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ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:
"... to issue a writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the in- action on the part of the respondents in releasing the additional subsidy part of payments for an amount of Rs.34,10,372/- (Thirty Four Lakhs Ten Thousand Three Hundred and Seventy Two) for the year 2017-18 and Rs.38,36,052/- (Thirty Eight Lakhs Thirty Six Thousand Fifty Two) of the year 2018-19 with regard to supply, installation and grounding of Drip and Sprinkler Irrigation Systems to 1676 farmers in Srikakulam District, despite the fact the installation was completed and utilization certificate and other requisite documents were also sent to the respondents for making payments as illegal arbitrary and violative of article 14, 19(1)(g) of Constitution of India and consequently direct the respondent authorities to release the additional subsidy part of payments i.e., Rs 34,10,372/- (Thirty Four Lakhs Ten Thousand Three Hundred and Seventy Two)for the year 2017-18 and Rs. 38,36,052/- (Thirty Eight Lakhs Thirty Six Thousand Fifty Two) of the year 2018-19 totalling Rs.72,46,424 (Seventy Two Lakhs Forty Six Lakhs Four Hundred and Twenty Four) and to pass......"
2. The resentment of the writ petitioner in the present Writ Petition is that it was entrusted with the work to supply, installation and grounding of drip and sprinkler irrigation systems to 1676 farmers in Srikakulam District, and despite the fact that the installation has been completed, the respondents have not paid the amount due to the petitioner. Therefore, the present Writ Petition.
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3. Now the 4th respondent-Project Director has filed their counter and, in fact, they have agreed that the petitioner has executed the work and he is pursuing for release of SDP funds from the Chief Planning Officer in order to settle the pending bills and soon after receipt of the SDP funds from the Chief Planning Officer, the amount will be paid to the petitioner-company.
4. As there is no dispute with regard to the execution of the work, this Court is inclined to dispose of the Writ Petition, directing the respondents herein to pay the admitted amount to the petitioner herein within a period of four (4) months from the date of receipt of a copy of this order, failing which, the petitioner is entitled to interest @ 6% per annum from the date of Writ Petition till the date of realization. If there is any dispute with regard to the amount, the petitioner is at liberty to make negotiations with the respondents.
5. With the above direction, the present Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, Miscellaneous Petitions pending, if any, shall stand closed.
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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 13.08.2024 siva 5 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10652 of 2024 Date: 13.08.2024 siva