Andhra Pradesh High Court
WP/23356/2024 of Kunja Chinna Venkata Lakshmi, Vs The State of Andhra Pradesh, on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBE TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 23356 OF 2024 Between: Kunja Chinna Venkata Lakshmi, W/o.Posibabu, Aged about 51 years
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBETWO THOUSAND AND TWENTY FOUR
PRESENTTHE HON’BLE DR JUSTICE K. MANMADHA RAO
WRIT PETITION NO: 23356 OF 2024
Between:
Kunja Chinna Venkata Lakshmi, W/o.Posibabu, Aged about 51 yearsOcc:Housewife,R/o.D.No.1-18,LakshminarayanaDeviPetaLNDPetaPolavaram, Eluru District.
AND
...PETITIONER
1. The State of Andhra Pradesh, Rep. by its Principal Secretary,Department of Industries, Secretariat, Velagapudi, Guntur District.Department of Industries, Secretariat, Velagapudi, Guntur District.
2. The District Collector, Eluru, Eluru District.
3. The District Industries Officer, District Industries Centre, Eluru EluruDistrict.District.
4. The General Manager, District industries Centre, Eluru, Eluru District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybe pleased to issue a Writ of Mandamusor any other appropriate writorder or direction, declaring the inaction of theand 4‘^ Respondents[in]i.paying the investment subsidy incentive of Rs. 11,25,000/- though theyareStadmitting the same vide proceedings Lr.No.lSI2204043,[dated][ 21] August,2023,asillegal,arbitrary andviolationof Articles14and21oftheConstitution of India and consequently direct the 3'^^ and 4*^ Respondentsto pay the amount of Rs. 11,25,000/- forthwith.
P
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the writ petition, the High Courtmay bepleasedtograntinterimdirectiondirectingthe3rdand4thRespondentstopaytheamountofRs.l 1,25,000/-inviewoftheproceedings Lr.No.lSI2204043, dated 2r‘ August, 2023, pending disposalof the above writ petition.
Counsel for the Petitioner: SRI RAJULAPATI PRAVEEN KUMAR
Counsel for the Respondents: GP FOR INDUSTRIES AND COMMERCEThe Court made the following: ORDER
APHC010454242024
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3310]
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 23356/2024
Between:
Kunja Chinna Venkata Lakshmi,
...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. Rajulapati Praveen Kumar
Counsel for the Respondent(S):
1.GP FOR INDUSTRIES COMMERCE
The Court made the following:
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ORDER:
This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“....to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the inaction ofthe 3rd and 4th Respondentsin paying the investment subsidy incentive of Rs.11, 25,000/ though they areadmitting the same vide proceedings Lr No ISI2204043 dated 21st August 2023, as illegal, arbitrary and violationof Articles 14 and 21 of the Constitution of India and consequently direct the 3rd and 4th Respondents to pay theamount of Rs.11, 25, 000/forthwith and pass...”
2. The grievance of the petitioner is that she belongs to Koya caste of Schedule Tribe, and sheis eligible for YSR Jagananna Badugu Vikasam
2020-23policy. As sheiseligible andentitledshebought a harvestermachinery worth Rs.25,00,000/- by paying Rs. 10,35,644/-aspromoter'scontribution and availed the loan for Rs.14,64,356/- sanctioned by HDFC,RajahmundryBranch.Accordingly,the3rd Respondent confirmedthesanction of incentives under service sector by processing her claim applicationvideproceedingsLr.No.lNCO2-MDC/2022/ SA/ELR,dated16.06.2023addressing the same to The Branch Manager, HDFC Bank, angareddigudem.Joint Commissioner, State Taxes, Eluru and Deputy Transport Commissioner,Transport Department, Eluru, who are all the members of Multi DisciplinaryCommittee (MDC).Later, the petitioner has attended for the joint inspectionof her harvester unit for valuation of Approved Project Cost forsanction ofInvestment Subsidy under YSR Jagananna Badugu Vikasam2020-23on19.06.2023 at 11.00 AM.It is further stated that the 4th Respondent issuedthe proceedings vide Lr.No.lSI2204043, dated 21st August, 2023 stating thesanctionof Incentivesof Rs.11,25,000/-tothepetitionerunder YSRJagananna Badugu VikasamofI DP- 2020-23policy.Accordingly,thepetitioner was informed that an amount of Rs. 11,25,000/- was sanctioned toher towards reimbursement of Investment Subsidy Incentive for the claimperiod04-OCT-2022to04-OCT-2023under YSRJaganannaBaduguVikasam ofI DP- 2020-23 policy.Thereafter the petitioner has submitted arepresentation dated 29.08.2023 to the 4^' respondent for releasing of herreimbursementofinvestmentSubsidyIncentiveInspiteofseveralapproaches, the 4respondent has not taken any action.Therefore, the petitioner submitted another representation to the 2""^ respondent.Even the2"^^ respondent received her representation, had not taken any action so far.The delay in reimbursement of the Investment Subsidy Incentive is causinghectic pressure in the family.Hence, the present writ petition.
3. Counter affidavit has not been filed by the respondents.
4. Heard Sri Rajulapati Praveen Kumar, learned counsel appearingfor the petitioner and learned Government Pleader for[Industries][ commerce]and learned Government Pleader for Finance Planning appearing for therespondents.
5. On hearing, learned counsel for the petitioner while reiterating theaverments made in the petition, in similar circumstances,[this][ Court][ has]passed an order in WP No.29482 of 2022 dated 10.04.2023[and][ hence]‘requests this Court to pass similar order in this writ petition also.
6. Per contra, learned Assistant Government Pleader appearing forthe respondents opposed for passing similar order and prayed to dismissthe writ petition.
7. On a perusal of the order of a learned Single Judge[of][ this][ Court]passedin WP No.29482 of 2022, dated 10.04.2023, wherein[this][ Court,]after considering the material and the documents relied on by the learnedcounsels, has allowed the writ petition.The operative portion of the said.order reads as under:
!I
“.. .For the aforementioned reasons, the respondents are directed to pay an amountof Rs. 1,84,39,932/- to the petitioner company towards reimbursement of power cost incentiveannounced during 2005-2010 Policy within a period of six months from the date of receipt of acopy of this order.This writ petition is allowed accordingly."
8. Considering the submissions of both the learned counsels and by counsels and by following the order passed by a learned Single Judge of this Court referredto above, this writ petitions is also liable to be allowed.
9. Accordingly, the Writ Petition is allowed.The respondents[No.3]and 4 are directed to pay an amount of Rs.11,25,000/- to the petitionertowards reimbursement of investment Subsidy Incentivevide proceedingsLr.No.lSI2204043 dated 21.08.2023, within a period of four (04) monthsfrom the date of receipt of a copy of this order.There shall be no orderasto costs.
10. As a sequel, miscellaneous applications pending,if any, shall alsostand closed.
To,
//TRUE COPY//
Sd/- U.SRI DEVIASSISTANT REGISTRAR'SECTION OFFICER'SECTION OFFICER
Department of Industries, State of AndhraPradesh, Secretariat, Velagapudi, Guntur District.
2. The District Collector, Eluru, Eluru District.
^Dislrict^^*^'^* Industries Officer, District Industries[Centre,][ Eluru,][ Eluru]
4. The General Manager, District industries Centre, Eluru, Eluru District.
5. One CC to Sri Rajulapati Praveen Kumar Advocate [OPUC]
PradSh^fOimCommerce, High Court of Andhra
7. Three C.D. Copies.
HIGH COURT
DATED:31/12/2024
ORDER
WP.No.23356 of 2024
ALLOWING THE W.P.WITHOUT COSTS
1g2! MAR 2025^Current Seetion ^