✦ High Court of India · 08 Jan 2025

High Court · 2025

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,172 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or writs order or Direction more particulady one in the nature of wRlT oF MANDAMUS declaring the action of the Respondents for rrct releasing the amount of Rs.30,42,684/-in favour of PetitiOner No.1 and Rs.28,78,2451- in favour of Petitioner No.2 with interest for supply of fish seed for theyear2023.24basingonSubmissionofbillsasrecommendedbyRespondent No.7 vide Proc.No.40/ ct2o23 dated 04.01 .2024 issued by the 7th Respondent as bad arbitrary, illegal and also offends Arts 14, 191(g) and 21 of the Constitution of India. lA NO: 1 OF 2025 Petition under lSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to lbrthwith release the amount of Rs.110,42,684/- in favour of Petitioner No.1 and Fis.2B.7B.245l- in favour of Petitioner No.2 with interest while considering the Proc.No.40/C/2023 dated 04.01.2024 issued by the 7th Respondent, pending disposal of the writ petition. Counsel for the Petitioners: SRI D.L.PANDU Counsel for the Respondent Nos.1,3,4,7 &8: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent No.2: GP FOR FINANCE Counsel for the Respondent Nos.5 & 6: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRITPETITION No.535 of 2025 ORDER: Heard learned counser for the petitioners and rearned Governrnent Pleader for Fisheries appearing for respondent Nos.1, 3, 4,7 and g, Iearned Government Pleader for Finance appearing for respondent No.2 and learned Government Pleader for Revenue appearing for respondent Nos.5 and 6. With the consent of all the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:- "lo declnre tlrc action of tle Respondrnts for not relenshtg lhe nntoutrt of Rs.30,42,684/- in lnuour of petitioner No.7 nntt Rs.2g, -in fatmu of PetiLioner No.2 toitlt interest for supply of 78,245/- fslt xeil for the year 2023-24 lttstttg on sttbmission of bilti ns remmmeruled by Respondent Ntt.7 t,ide proc.No.l1/ CflbB ,lntr,l 04.01.2024 isstted by tlu 7t, Resportdent ns bntl nrhitrnry, illegnl nnd also offends Arts U, 191 (g) md 21 o.f t!rc C-ottstilu fior.t- of India."

3. Brief facts rising to fi{e this w,rit petition are that the petitioners Nos.1 and 2 are engaged in the business of supplying iish seeds an<I in the year 2023- 2024, petitioner No.1 supplied fisl-r scccls for an amount of Rs.39,97,1gg/ - and, the respondent No.7 ,ide proc.No.40/C/ 2023 dared 04.07.2024 acknowledged the same. The petitioner No.1 receivcc{ an amount of Rs.9,54,504/- under Pradhan Mantri Matsya Sampacla yojana (pMMSy) Scherne and Rs.30,42,684/ - is still pending. Sin-rilarlr,, pcritioner Nq.2 suppliet{ fish seeds for an amount o t Rs.35,47,386/ - and the samc was trckmrr.r,lecige by respontlent No.8 aide Letter No.77,rC / zoz3-2 claterr r 4.0tJ.2023. The peritioner No.2 untler I i i 2 PMMSY schcme r.eceived an amount oI Rs.6,69,747 / - and Rs.28,78,245ru - is still pending.

4. Learned counsel for the petitioners submits that in similar circumstance tlris Court in W'.I'.No.34390 of 2024 dated 27.72.2024, passed the foltowing interim order:- "Adnittcdly, tle quantum of paynwnt is not in dispute. It nppears tlmt petitioner lras been made to run pillar to post seeking payncnt of Fislt Seea' supplied to tlu responilent authorities for tle year 2023-24. ln oieztt of tle same, respondent No.6 is directed to pass approprinte c,rders on tlte payment of Fish seed for tle ryenr 2023-24 tL,itlin a per,;od of orc (7) zoeek from the date of receipt of coplt of tlis order an,C communicate the sanre to the petitioner." Learncd cotrnsel for the petitioners further pray this Court to dispose of the writ petition ernd pass sirnilar order as passed in W.P.No.34390 of 2024 ,Jated 27.72.2024.

5. Learned (lovernment Pleader appearing for responclents did not dispute the same and submits that tl'rere is no dispute in quanturn of payrnent and iurther submits that the respondent authorities are taking steps to release the pavrnent and pray this Court to grant some time for. making payment to the prc 11116,'1".t.

6. Recording the submissions made by learned counscl on either side, this writ pctition is disposed of directing respondent authoritres to p.1ss appropriate orc{ers on the payrrLent of Fish seed for the year 2023-24 n,ithin a pcriod of three (03) n'eeks from th,: date of receipt of copy of this order and comrnunicate thc same to the pctitiorrers. fl,.'"' ,'-*lffi 4"--) L / J

7. Accordingly, this writ petition ts <Iisposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs //TRUE COPY// SD/.V.KAVITHA ASSISTANT EGISTRAR SE ION OFFICER To

1. The Special Chief Secretary, Animal Husbandry, Diary Developmenl Afld Fisheries Department, Secretariat, Hyderabad, State of Telangana.

2. The Principal Secretary, Finance Department, Secretariat, Hyderabad, State

3. The Commissioner of Fisheries, Telangana State, Shantinagar, Hyderabad. 4. The Deputy Director of Fisheries (lnlands), O/o Commissioner of Fisheries, of Telangana. Hyderabad.

5. The District Collector, Wanaparthy District at Wanaparthy 6. The District Collector, Nagarkurnool District, Nagarkurnool 7. The District Fisheries Officer/, Assistant Director of Fisheries, Wanaparthy District, Wanaparthy District, Nagarkumool B. The District Fisheries Officer/, Assistant Director of Fisheries, Nagarkurnool 9. One CC to SRI D.L.PANDU, Advocate [OPUC] 10.Two CCs to GP FOR ANIMAL HUSBANDARY, High Court for the State of Telangana, at Hyderabad. [OUT] 1 1 . Two CCs to GP FOR FINANCE, High Court for the State of Telangana, at '1 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Hyderabad. [OUTI

13.Two CD Copies PSK GJP qs' HIGH COURT DATED:08101,t2025 ORDER WP.No.535 of 2025 oB HE ST4 't 1B FiB 2025 \._ + 5 o lLl \re, \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?p 1, ')- o( lL1,

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