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Andhra Pradesh High Court - Amravati

Yerapati Peddiraju vs The State Of Andhra Pradesh on 28 February, 2022

Author: Kongara Vijaya Lakshmi

Bench: Kongara Vijaya Lakshmi

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THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

             WRIT PETITION No.5099 of 2022

ORDER:

Heard the learned counsel for the petitioner and learned Government Pleader.

2. The Writ Petition is filed questioning the action of the Respondent Nos.2 to 5 in not sanctioning Innova Vehicle to the petitioner under NSFDC Programme 2018-19 even though the vehicle was sanctioned as per the proceedings of the District Collector, dated 04.02.2019 as arbitrary and illegal.

3. The case of the petitioner is that he is an unemployee belonging to Scheduled Caste Community and he submitted an application for sanction of Innova Vehicle under NSFDC/ NSKFDC Programme 2018-19 and he was selected as one of the beneficiaries for sanction of Innova vehicle under ID No.2015328588. The beneficiaries list which was prepared by the 4th respondent was approved by the 3rd respondent and forwarded to the 2nd respondent for approval and the 2nd respondent approved the same vide proceedings in Rc.No.NSFDC/2068/5/APSC/2018, dated 29.01.2019 and accordingly, the 3rd respondent issued proceedings in Rc.No.1025605/2017, dated 04.02.2019 according administrative sanction for sanction of one Innova in favour of the petitioner under NSFDC programme 2018-19 subject to submission of required documents and the petitioner had already submitted required documents along with Banker's 2 cheque No.628839, dated 11.07.2019 for an amount of Rs.34,500/- in favour of the Executive Director, SC Corporation, Eluru, i.e., the 5th respondent herein, towards petitioner's contribution as per the said scheme. But, till date, the subject vehicle is not given to the petitioner. Hence, the Writ Petition.

4. Today, when the matter came up for hearing, learned Government Pleader for Social Welfare has passed on the written instructions issued by the 5th respondent, dated 26.02.2022, wherein it is stated as follows:

"As per the orders of the V.C. & Managing Director, A.P.S.C.C.F.C.Ltd., on 27.12.2020, Innova vehicles were delivered to the already selected (24) S.C. Beneficiaries out of (26) beneficiaries except (2) two beneficiaries i.e., 1. Sri Y. Peddiraju, R/o Eluru & 2. Sri Vissakoti Venkata Rao, R/o Thallapudi (M) due to non submission of sureties from Govt. employees.
Further it was submit that all the Innova vehicles and Ethios vehicles are being delivered to the selected beneficiaries through M/s. Radha Madhav Tayota Show Room, Vijayawada only after accord permission from the O/o V.C. & Managing Director, A.P.S.C.C.F.C.Ltd., Tadepalli. Due to non submission of necessary documents i.e., salary certificate with surety bond from Govt. Employees, the V.C. & Managing Director, A.P.S.C.C.F.C. Ltd., Tadepalli has not accord permission to the said beneficiaries."

5. As seen from the said instructions, the petitioner has to submit some more documents. Learned counsel for the petitioner Sri Kambhampati Ramesh Babu submits that the petitioner will fulfil all the requirements and that the respondents may be directed to sanction the subject vehicle to the petitioner under the said Programme. 3

6. In view of the facts and circumstances of the case, if the petitioner fulfils all the requirements and files all the requisite documents under the said scheme, the 5th respondent is directed to sanction Innova vehicle to the petitioner under NSFDC programme 2018-19 as expeditiously as possible.

7. The Writ Petition is disposed of accordingly. No order as to costs.

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

_________________________________ KONGARA VIJAYA LAKSHMI, J Date: 28.02.2022 Ks 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.5099 of 2022 Date: 28.02.2022 Ks