M/S.Basanthi Constructions. v. Union Of India
132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 2330 OF 2024 Between:
M/s. Basanthi Constructions, Rep. by its proprietor A.Anjaneyulu, S/o. A.Ramulu, Aged 53 years, Occ. Business, Office at 5-4-712, Venkateshwaranagar, Kukatpally, Hyderabad.
...PETITIONER AND Union of lndia, Rep. by its Principal Secretary, Department of Railways, New Delhi,
2. South Central Railway, Rep. by its Chief Engineer, Rail Nirman Bhavan, Secundrabad.
3. South Central Railway, Rep. by its Deputy Chief Engineer-lll/SC, Office at Railway Bhavan, Secundrabad.
...RESPONDENTS 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, Order or direc{ion more particularly one in the nature Writ of Mandamus, declaring the action of the 3rd respondent in issuing the recover notice dated 14.12.2023 for an amount of Rs.1,14,39,351.96 paise as illegal, arbitrary and against the principals of natural justice and consequently set aside the same by directing respondent authorities to record and release the bills in respect to the work completed by the petitioner at Chintalplalli, Yelgur, and Nekonda in pursuance of the agreement No.0 l Dy.CE/C lBZAl2O20 date 10.O2.202'l by considering the petitioner's letter dated 28.09.2023 and 04.01 .2024.
I
lA NO: 1 OF 2024 Petition under Section 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 respondent authorities to record and release the bills in respect to the work completed by the petitioner at Chintalplalli, Yelgur, and Nekonda in pursuance of the agreement No.01Dy.CE|C|BZA|2O2O dated 10.02.2021 by considering the petitioner's letter dated 28.09.2023 and 04.0'l .2024, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI SESHADRI GOALLA Counsel for the Respondents: SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA The Court made the following: ORDER
= HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.233O of 2O24 ORDER:
Heard the learned counsel for the petitioner and also heard learned Counse! representing Dy. Solicitor General of India, appearing on behalf of respondent Nos. 1to 3.
2.
The petitioner approached the Court seeking prayer as under:
"to issue a Writ, Order or direction, more particularly, one in the nature Writ of Mandamus, declaring the action of the 3rd respondent in issuing the recover notice dated 14.12.2023 for an amount of Rs.1,14,39,351.96 paise as illegal, arbitrary and against the principals of natural justice and consequently set aside the same by directing respondent authorities to record and release the bills in respect to the work completed by me at Chintalplalli, Yelgur, and Nekonda in pursuance of the agreement No.01Dy.CE/C/BZA/2020 date 10.02.2021 by considering our letter dated 28.09.2023 and 04.01.2024, and to pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. "
PERUSED T E RECORD.
24. The specific relief as sought for by the petitioner in the present Writ petition is to direct Respondent No.3 to consider
petitioner's representation dated 04.O1.2024 addressed to the 3..d respondent wherein the petitioner requested the 3'd respondent for release of the payment bills towards SCR construction Organization work done for foot over bridges/shelters at Warangal, Chintapalli, Yelguru, Nekonda, Mustabada, Gunadala, VNC and Guntur stations in connection with third line/bypass/yard modification works, the said bills were pending with the respondents since July, 2023.
3. It is the main grievance of the petitioner that though representation dated 04.01.2024 has been received by Respondent No.3, yet no action has been initiated and the representation of the petitioner dated 04.01.2024 had not been considered till as on date. Hence, the present Writ petition.
4. The learned Counsel appearing on behalf of Respondents represents that, the Writ Petition could be disposed of directing the 3nd respondent to consider the petitioner's representation, dated 04.01.2024, in accordance to law, and pass appropriate orders within a reasonable period.
---:z 5SJ 5.
Taking into consideration the submissions of the learned counsel appearing on behalf of the Respondent Authority, the Writ petition is disposed of directing the Respondent No.3 to consider the petitioner's Representation, dated 04.0t.2024, in accordance to law and pass appropriate orders, within a period of two (2) weeks From the date of receipt of the copy of this order and duly communicate the decision to the petitioner herein. Till appropriate orders are passed by the respondent No.3 by considering the petitioner's representation, dated 04.0L.202a; the respondents shall not initiate any coercive steps against the petitioner in pursuance to the recovery Notice vide No.W.Con.Dy.CE/C-fi1/SC/KZJBZA/FOB, dated t4.t2.2023. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pendlng shall also stand I closed.
SD/.A.V.S.PRASAD ASSISTAN REGISTRAR //TRUE COPYII SECTION OFFICER To, 'l . The Principal Secretary, Department of Railways, New Delhi, Union of lndia \ The Chief Engineer, Secundrabad.
South Central Railway, Rail Nirman Bhavan, 3 I|," Deputy Chief .Engineer-llt/SC, South Central Raitway, Office at Railway Bhavan, Secundrabad.
4. One CC to SRI SESHADRT C,OALLA, Advocate tOpUCl
5. One CC to SRI GADI PRAVEEN KUMAR, Dy. SOL|C|TOR GEN. OF lNDtA, High Court for the State of Telangana at Hyderabad tOpUCl
6. Two CD Copies BSR GJP TS.ls
HIGH COURT DATED: 3110112024 T4 r4:
S l1
ORDER
q 'r f,J 0 6 FrB 202{ o WP.No.2330 of 2024 * f) DISPOSING OF THE WRIT PETITION, WITHOUT COSTS b