Nadimpalli Venkata Rama Raju vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Venkateswarlu Nimmagadda
Case Status:Disposed
Order Date:11 Dec 2024
CNR:APHC010437492024

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Venkateswarlu Nimmagadda

Listed On:

11 Dec 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 24089 OF 2024

Between:

Nadimpalli Venkata Rama Raju, S/o. Satyannarayana Raju Aged about 58 years, Occ Farmer R/o. Door No. 11-1-52/3, Vinayaka Temple Lane, NearZP High School, Jangareddygudem, West Godavari District, A.P.- 534447

...Petitioner

AND

  • I. The State Of Andhra Pradesh, Rep. by its Principal Secretary, B.C Welfare Department Secretariat, Velagapudi, Amaravathi
    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Velagapudi, Amaravathi
    1. The Director, B.C Welfare, State of Andhra Pradesh Vijayawada, Krishna District, A.P
    1. The District Collector, West Godavari, at Bhimavaram, A.P.
    1. The Managing Director,, Economically Backward Class Welfare Corporation, O/o. D. No 12-467 Bypass Road, Revenue Ward No 12, Tadepalli, Andhra Pradesh-522501.
    1. The District Economically Backward Class Welfare Officer, West Godavari District, A.P.

...Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the action of the respondent nos. 1 to 6 in not release of the sanctioned amount Rs. 10 lakhs for financial assistance of the Petitioners son JAVA PRAKASH VENKATA VARMA NADIMPALLI to study his master degree in Master of Business Administration at Kaplan Business Schools Melbourne Campus in Australia, under the 'VIDESHI VIDYA DEEVENA' Overseas scholarships scheme Application ID No. OV2018120895, which is illegal, arbitrary, and unjust contrary to law and in violation of Article 14, 19, 21 of Constitution of India and principles of Natural Justice.

IA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant leave to the petitioners to file and represent on behalf of his son as his father in this Writ petition.

Counsel for the Petitioner: SRI. PEDDI VIJAYBHASKAR

Counsel for the Respondent Nos. 1 & 3 to 6: GP FOR SOCIAL WELFARE

Counsel for the Respondent No. 2: GP FOR FINANCE AND PLANNING

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The Court made the following: ORDER

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3329]

WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWFNTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 24089/2024

Between:

NadimpalliVenkata Rama Raju

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

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Counsel for the Petitioner:

1.PEDDI VIJAYBHASKAR

Counsel for the Respondent(S):

  • 1.GP FOR SOCIAL WELFARE
  • 2.GP FOR FINANCE PLANNING

The Court made the following:

ORDER

$1.$ This writ petition is filed claiming the following relief:

"... To issue a Writ of Mandamus or any other appropriate Writ, Direction or order declaring the action of the Respondent Nos.1 to 6 in not release of the sanctioned amount of Rs.10 Lakhs for financial assistance of my son JAYA PRAKASH VENKATA VARMA NADIMPALLI to study his master degree in Master of Business Administration at 'Kaplan Business School's Melbourne Campus' in Australia, under the 'VIDESHI VIDYA DEEVENA' Overseas scholarships scheme Application ID No.OV2018120895, which is illegal, arbitrary, and unjust contrary to law and in violation of Article 14, 19, 21 of Constitution of India and principles of Natural Justice and pass such other order or orders..."

It is the contention of the petitioner that even though the Respondents admitted that the son of the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 2.

  1. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

  2. On the other hand, learned Government Pleader for the Respondents placed on record the written instructions dated 11.12.2024 issued by the Respondents / the Managing Director, A.P. State Economically Backward Classes Welfare and Development Corporation, Vijayawada, wherein it is stated that the son of the petitioner/student is eligible for release/sanction of financial assistance for an amount of Rs. 10,00,000/- under 'NTR Videshi Vidyadharana Scheme' as per the report submitted by the Vigilance & Enforcement Department. Bill No.2024-1767456 has been submitted to the Department of Treasuries & Accounts (DTA) for approval and the pending. Soon after the bills are approved by DTA, the same amount will be released by the Finance Department for crediting into the account of the student/son of the petitioner. same is

made by the learned counsel for the view of 5. Having regard to the submissions petitioner and learned the aforesaid directions of this Court in dated 11.12.2024 Government Pleader for the Respondents, in in various cases and on perusal of the issued by the Respondents / the Backward Classes Welfare and is of the considered view direction to the written instructions Managing Director, A.P. State Economically Development Corporation, Vijayawada, this Court is be disposed of, with a .10,00,000/- to the son of the (02) months from the date of receipt of a copy that the present Writ Petition can release the amount of Rs Respondents to petitioner within a period of two of this order.

With the above-said direction, the writ petition is disposed of. There shall be no order as to costs. 6.

Consequently, Miscellaneous Petitions this Writ if any, pending in Petition shall stand closed. SDI- <sup>B</sup> CHITTI JOSEPH ASSISTANT REGISTRAR

OFFICER //TRUE COPY//

  • To,
    • Welfare Department, State Of Andhra 1. The Principal Secretary, B.C Pradesh, Secretariat, Velagapudi, Amaravathi
    • Department, Stale of Andhra Pradesh, 2. The Principal Secretary, Finance Secretariat Velagapudi, Amaravathi
      1. The Director, B.C Welfare, State Krishna District, A.P of Andhra Pradesh Vijayawada,

3

    1. The District Collector, West Godavari, at Bhimavaram, A.P.
    1. The Managing Director Economically Backward Class Welfare Corporation, O/o. D. No 12-467 Bypass Road, Revenue Ward No 12, Tadepalli, Andhra Pradesh-522501.
    1. The District Economically Backward Class Welfare Officer, West Godavari District, A.P.
    1. One CC to SRI. PEDDI VIJAYBHASKAR Advocate [OPUC]
    1. Two CCS to GP FOR SOCIAL WELFARE, High Court Of Andhra Pradesh. [OUT]
    1. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh. [OUT]
    1. Three CD Copies csb

HIGH COURT

DATED:11/12/2024

ORDER

WP.No.24089 of 2024

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DISPOSING THE WP WITHOUT COSTS

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Order(1) - 24 Oct 2024

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