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2023 Supreme(Online)(AP) 17003
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12248 OF 2023 Between:
1. MURIKIPUDI CHANDRA SEKHAR S/o. Aradhana, Aged 30 years, R/o.
Door No. 2-153, Agnigundala, Ipur Mandal, Old Guntur District. Palnadu District. A.P
5. Pamba Adam, S/o. Adinarayana, Aged 34 years, R/o. 1-70, Karumanchi Village, Savalyapuram Mandal, Palnadu District.
6. Madugula Manju Vani, W/o. Madugula Mani, Aged 33 years, R/o. Door No. 1-7-21, Gujjanagundla, Pattabhipuram, Guntur District.
7. Mallaparapu Ravi Kiran, S/o. Mallaparapu Yacobu, Aged 36 years, R/o.
Door No. 5-113, Karumanchi Village, Savalyapuram Mandal, Palnadu District.
8. Varagani Nirikshana Rao, S/o. Veragani Venkateswarlu, Aged 30 years, R/o. Door No.7-61, Opp.RCM Church, Bandarupalli, Guntur District.
9. Repudi Priyanka, W/o Repudi Nagaraju, Aged 31 years, R/o. Door No.7-
201, Yerrachruvu village, Yedlapudi Mandal, Palnadu District.
10. Mutluri Venkata Rao, S/o. Mutluri Elia, Aged 39 years, R/o. Door No. 1-279, Savalyapuram post, Kanavarlapudi, Palnadu District.
11. Godavarthi Rajesh, S/o.Godavarthi Elia, Aged 30 years, R/o. Door No. 2-7, R.C.M. Church Road, Perecharla, China palakaluru, Guntur, A.P-522005.
12. Govatati Vijaya Sagar, S/o.Krupa Rao, Aged 33 years, Door No.4-80/1, Kodiparru, Penumarru Post, VTC.Vemuru, Guntur District.
13. Athota Papa Rao, S/o. Ravindra Rao, Aged 37 years, R/o. Door No. 2-102, Siripuram Village and Post, Palnadu District.
14. Kalukuri Srinivasa Rao S/o. Ramakotaiah, Aged 36 years, R/o. Door No.
13-1-180, Prakash Nagar, Shilosh Church back side road, Narasaraopeta, Palnadu District.
15. Nemalikanti Raj Kiran S/o/. China Venkaiah, Aged 26 years, R/o. Door No.8-26-111, Gaddipadu, Guntur.
16. Kalivela Lalitha W/o. Kalivela Guravaiah, Aged 26 years, R/o. Door No.1-79/1, Kammampadu Village, Macharla Mandal, Palnadu District.
17. Kona Ramaiah S/o. Yalamanda, Aged 40 years, R/o. Door No. 6-72, Gandhi Nagar, Thurpupalem, Guntur.
18. Bolleddula Santhosh Babu S/o. Mariyadasu, Aged 38 years, SC Colony, Durgi V 86M, Palnadu.
19. Srirama Amarnath S/o. Sriram Subbarao, 2023:APHC:36659 Aged 41 years, R/o. Door No. 8-12-4/1, Indira Colony, 23rd Ward, Ponnuru Mandal, Guntur District.
20. Borugadda Rambabu Sio. Sambaiah, age 46, R/o. Door No. 4-165B, Oleru Post, Bhattiprolu Mandal, Bapatla District.
21. Gali Nagaraju S/o. Koteswara.Rao, Aged 35 years, R/o. Door No. 10, Guttavaripalem, Pedapulivarru, Bhattiprolu Mandal, Bapatla District.
22. Sankati Sunny Deol S/o. Ramesh, Aged 30 years, R/o. Door No. 1-47, Paladugu, Guntur.
23. Jangala Vara Prasad S/o. Koteswara Rao, Aged 45 years, R/o. Door No.5-206, 75-Tyalluru Village, Guntur District.
24. Kadiyam Abraham S/o. Ramaswamy, Aged 43 years, R/o. Door No.1-330, Chinakodamagundla Village, Gunutr.
25. Dova Somaiah, S/o Raghavarao, Aged 48 years, R/o Door No.130, Guttavaripalem, Pedapulivarru, Bhattiprolu Mandal, Bapatla District
26. Basipogu Anil Kumar S/o. Jayarao, age 31 years, R/o. Door No.5-87, Mutlayampadu, Guntur
27. Jupalli Vijay Kumar S/o. China kotaiah, Aged 34 years, R/o. Gundalapalli Nekakku, Guntur.
28. Karampudi Mainar Babu, S/o K.Babu Rao, Aged 39 years, Door No.1-0, Kondalarayunipalem, Puvvada, Nuzendla, Guntur.
29. Mathangi Sowjanya, D/o. M.Koteswara Rao, Aged 34 years, R/o. Garikapadu, Kakumanu, Guntur.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Collector/Chairman, The District Schedule Caste Service Cooperative Society Ltd., Guntur District.
3. The Andhra Pradesh Schedule Caste Rep. by its Vice Chairman, Cooperative Finance Corporation Ltd., 4th Floor, SP's River View Building, Tadepalli, Guntur District.
4. The Executive Director, The District Schedule Caste Service Cooperative Society Ltd., Guntur, Guntur District.
...RESPONDENTS Counsel for the Petitioner(s): DULLA SRINIVASA RAO Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION N o.12248 of 2023
ORDER:
This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India, seeking the following relief:
“….to issue a writ, direction or order, particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing and paying the loan amounts sanctioned under NSFDC Self-employment Scheme and NSFKDC Scheme of the year 2017-2018 and 2018-2019 in spite of completion of verification of documents, payment of beneficiary share and passing sanctioned and release orders long back and also despite the guidelines given by the respondent No.3, directing the respondent No.4 to pay the sanctioned loan to the beneficiaries as illegal, arbitrary and unjust and against Article 14 and 21 of the Constitution of India, doctrine of legitimate expectation and promissory estoppels and consequently direct the respondents to release and pay the loan amounts sanctioned to the petitioners under NSFDC and NSFKDC Schemes for the years 2017-2018 and 2018-2019 as described fully in Ex.P1 and P2 immediately..…”
2. Heard Sri Dulla Srinivasa Rao, learned counsel for the petitioners, learned Government Pleader for Social Welfare appearing for the respondents No.1 to 3 and Sri Babuji Tenneti, learned Standing Counsel for APSCCFC, appearing for the 4th respondent.
3. When the matter is taken up for hearing, Sri Dulla Srinivasa Rao, learned counsel for the petitioners as well as Sri Babuji Tenneti, learned Standing Counsel for APSCCFC, collectively submitted that in the similar set of facts, this Court passed orders in the Writ Petition.728 of 2021, dated 28.09.2022 and prayed to consider the present Writ Petition on the same lines.
3. In view of the above, with the consent of learned counsel for both the parties, this Writ Petition is disposed of, at admission stage, in terms of the orders passed in W.P.No.728 of 2021, dated 28.09.2022.
6. Accordingly, the 4th respondent is directed to release the sanctioned loan amount in favour of the petitioners, who have paid the beneficiary contribution and also whose documentation was completed on or before 03-01-2020, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs.
7. Registry is directed to attach a copy of the order passed by this Court in Writ Petition No.728 of 2021, dated 28.09.2022 to this order.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
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JUSTICE RAVI CHEEMALAPATI Dated 27.09.2023
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.12248 of 2023 Dated : 27.09.2023
