Andhra Pradesh High Court - Amravati
M/S. Sri Lakshmi Seeds, vs The Andhra Pradesh State Marketing ... on 13 August, 2025
APHC010089852010
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 18275/2010
Between:
1. M/S. SRI LAKSHMI SEEDS,, REP. BY ITS MANAGING PARTNER, R.
LAKSHMI DEVI W/O. R. NARAYANA, AGED ABOUT 37 YRS, OCC:
MANAGING PARTNER M/S. SRI LAKSHMI SEEDS 1/36-2, 1/36
CHEMMUMIAPETA, RAYACHOTI ROAD, NEAR RAILWAY GATE,
KADAPA, KADAPA
...PETITIONER
AND
1. THE ANDHRA PRADESH STATE MARKETING FEDERATION, rep. by
its Managing Director, 7th Floor, Parishram Bhawan, Basheerbagh,
Hyderabad.
...RESPONDENT
Counsel for the Petitioner:
1. P S P SURESH KUMAR
Counsel for the Respondent:
1. Y MAHA LAKSHMI
The Court made the following:
2
ORAL ORDER:
Heard Sri P. Praveen, learned Counsel appearing on behalf of Sri P.S.P. Suresh Kumar, learned Counsel for the Writ Petitioner and Ms. Y. Mahalakshmi, learned Standing Counsel for Respondent No.1.
2. The present Writ Petition is filed seeking following prayer:
"I therefore pray the Hon'ble Court that it may be pleased to issue order or direction more particularly in the nature of writ of mandamus declaring the action of the respondent in not releasing the payment to a tune of Rs.17,97,744/- (Rupees Seventeen Lakh Ninety Seven Thousand Seven Hundred forty Four Only) towards supply of different varieties of Bengalgram Seed during Rabi, 2009 as illegal, arbitrary and violation of principles of natural justice and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondent to release an amount of Rs.17,97,744/- and pass such other order or orders as the Hon'ble Court may deems fit and proper in the interest of justice."
3. The above prayer would indicate that the Petitioner is claiming release of an amount of Rs.17,97,744/-. However, no interest is claimed.
4. The Respondent, namely, the Andhra Pradesh State Marketing Federation, has filed Counter-Affidavit. Para 3 of the Counter-Affidavit is usefully extracted hereunder:
"3. In reply to para no.6 of the affidavit it is respectfully submitted that the Petitioner has supplied 16,746 Quintals of Bengalgram seeds worth of Rs.5,44,24,500/- to this Respondent during Rabi 2009- 2010. The Respondent had already paid an amount of Rs.5,26,26,786/- in installments to the petitioner and retained Rs. 5,00,000/- as security deposit as per agreement, and also an amount of Rs. 82, 164/- towards left over 8016 sacks (packing bags) @ Rs. 10.25 per bag, and also Rs. 2800/- towards transportation charges for shifting of seeds i.e. total amount of Rs.84,964/- has been recovered by Markfed as such the total amount comes to Rs. 12,12,750/- to be payable to the petitioner."3
5. The above extract from the Counter-Affidavit of the sole Respondent would indicate that the Respondent had already paid an amount of Rs.5,26,26,786/- in installments to the Petitioner and had retained an amount of Rs.5,00,000/- as security deposit as per the Agreement and also an amount of Rs.82,164/- towards left over 8016 sacks (packing bags) @ Rs.10.25 per bag, and also Rs.2800/- towards transportation charges for shifting of seeds totaling an amount of Rs.84,964/-.
6. It is also stated that an amount of Rs.12,12,750/- is payable to the Petitioner.
7. The reasons stated in the Counter-Affidavit for non-release of security deposit retained by the Respondent of Rs.5,00,000/- and the sum of Rs.12,12,750/- and also with regard to other smaller amount of Rs.84,964/- are on account of the pendency of the Criminal case againts the husband of the Proprietor of the Petitioner Company.
8. The husband of the Proprietor of the Petitioner Company had been arrayed as A1 in C.C. No.29 of 2012. Vide Judgment and Order dated 11.01.2016, the Judicial Magistrate of I Class, Special Mobile Magistrate, Kadapa, dismissed the criminal case bearing C.C. No.29 of 2012, thereby giving a clean acquittal to the husband of the Petitioner.
9. The relevant portion of the Judgement and Order dated 11.01.2016 in C.C.No.29 of 2012 is usefully extracted hereunder:
"Considering the evidence of Pws 1 and 2 there was a clear procedure in proof for distributing the subsidy groundnut seeds to the farmers and there is no chance for misappropriation of subsidy seeds. Moreover no farmer gave any complaint to anybody. Hence, under the above Circumstances, the evidence of P.Ws 1 and 2 and the material and exhibits placed before the Court is not helpful to the case of the prosecution to prove the guilt of the accused. Hence, the prosecution is miserably failed to prove the guilt of the accused beyond all reasonable doubt. Hence, the accused is are entitled for acquittal.4
17. In the result, the accused 1 to 5 are found not guilty for the offence punishable U/Sec.417, 420, 409, 468, 471 r/w 34 IPC and accordingly they are acquitted Under Sec.248 (1) Cr.P.C. The bail bonds of accused shall stands cancelled. Accused shall execute a bond U/sec. 437(A) Cr.P.C and that they shall appear before the Appellate Court in the event of they receives summons within six months from today. The unmarked property if any shall be destroyed after appeal time is over."
10. The above extract would indicate that the husband of the Petitioner had got a clean acquittal and on enquiry made by this Court, it is stated by the learned Standing Counsel for Respondent that this Judgement and Order of the Judicial Magistrate of I Class, Special Mobile Magistrate, Kadapa, had attained finality.
11. The Petitioner in the present Writ Petition has not claimed any interest for the amounts due. It is also alleged by the Respondent that the husband of the Petitioner herein was, in fact, conducting the business of the Petitioner Company through his wife, who is styled as the Proprietor of the Petitioner Company.
12. In view of the Judgement and Order, the Criminal case has attained finality, the Petitioner is entitled to the relief claimed.
13. Therefore, the Respondent is directed to make payment to the Petitioner as regards the principal amount of Rs.17,97,744/- within a period of twelve (12) weeks. If the amount is not paid by the Respondent within the scheduled time, the due amount shall carry interest at 12% after the lapse of the time period granted.
14. With these observations and directions, the Writ Petition is disposed of. No order as to costs.
15. Needless to state that if any amount has already been released to the Petitioner or paid to the Petitioner, the said payments shall be set off.
516. Interlocutory Applications, if any, stand closed in terms of this order.
________________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 13.08.2025 Note: Issue C.C. by 18.08.2025 B/o DSV 6 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 18275/2010 13.08.2025 DSV 7 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 18275/2010 PROCEEDING SHEET Sl. Office ORDER No DATE Note
09. 13.08.2025 GRKP, J Writ Petition is disposed of.
(vide separate order) ___________ GRKP, J DSV 8