M/S. Vaishnavi Constructions v. The State Of Telangana
[ 32ee ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF APRIL - TWO THOUSAND AND TWENTY FIVE - PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL ..
WRIT PETITION NO: 10196 OF 2025 Between:
M/s. Vaishnavi Constructions, Rep. by its Managing Partner, N.Narasimha Chary, S/o. Late Sri Krishna Murthy, Aged about 55 years, Occ. Business, O/o. H.No. 5-4-78118, Beside APHB Colony, Bhongir, Yadradri Bhuvanagiri District.
...PETITIONER AND
1. The State of Telangana, Represent by its Special Chief Secretary to Govemment, Finance and Planning Department, Secretariat, Hyderabad.
2. The State of Telangana, Represent by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad.
3. The Superintending Engineer, P.R. Circle, Yadadri Bhuvanagiri District.
4. The District Panchayath Raj Engineer, PIU Division, Yadadri Bhuvanagiri, Yadadri Bhuvanagiri District.
5. The Deputy Executive Engineer, Panchayath Raj Sub Division, Ramannapet, - Yadradri Bhuvanagiri District.
6. The Assistant Engineer, PR MPP, Ramannapet, Yadradri Bhuvanagiri District. - ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, challenging the action of the 1st Respondent in not releasing the admitted amounts for completion of work i.e., BT on Road from VT road to Jangareddypallv in Valigonda Mandal of Yadadri Bhongir District, executed between the 3rd Respondent and Petitioner, as illegal and arbitrary and consequently direct the Respondents to release the pending bills i.e., amount of Rs.13,69,563/- (Thirteen lakh sixty nine thousand five hundred and sixty three
rupees only) vide Token No.2522765860 dated 241O9t2O24 forthwith to the Petitioner account.
lA NO: 1 OF 2025 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 Respondents to release the pending bill amount of Rs.13,69,563/- (Thirteen lakh sixty nine thousand five hundred and sixty three rupees only) vide Token. No.2522765860 dated 2410912024 to the Petitioner Account. Counsel for the Petitioner : SRI THOOM SRINIVAS counser for the Respondent No'1 ,s::rt ?tElli$^tx3Elffixx's30**o' Counsel forthe Respondent No.2TO6: GP FOR PANCHAYAT RAJ .' The Court made the following: ORDER
THE SRI E.V.
WRIT PETITION No.10190 q82025 ORDER:
1. The petitioner approached the Court seeking prayer as under: "to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, Challenging the action of the 1't Respondent in not releasing the admitted amounts for completion of work i.e., BT on Road .
from VT road to Jangareddypally in Valigonda Mandal of Yadadri Bhongir District, executed between the 3'd respondent and petitioner' as illegat and arbitrary and consequently direct the respondents to release the pending bills i'e', amount of Rs.13,96,5631- vide Token No.252276586O dated 24.09-2024 forthwith to the petitioner account and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.'."
Heard Sri Thoom Srinivas, learned counsel for the petitioner and learned Assistant Government Pleader for Finance and Planning represented by AGP Ram Shankar Sharma for respondent No.l and Government Pleader for Panchayath Raj appearing for respondent Nos.2 to 6.
3.
Learned counsel for the petitioner submits that upon having gone through the procedural aspects and having found that the details submitted by the petitioner are in order, then only respondents have issued, Token No. 2522765860 dated 24.09.2024 for payment of Rs.13,69,563/- but till today the said amount was not paid to the petitioner and further submits that petitioner has no other option except to seek relief as stated supra.
{ submits that the said token was issued in the last financial year and since new financial year was started appropriate procedural aspects to be adopted by the respondents and also by the petitioner to comply with regard to the payment of amount.
5.
After hearing arguments of both sides and after perusal of the material available on record, this Court is of the view that token has already been issued for admitted amounts and it is for the respondents to adopt necessary procedure to make payment on the issued token with regard to the admitted amounts. Therefore, this Court is inclined to direct the respondents to clear the token issued in the previous financial year try adopting necessary exercise as required under lau, in order to make payment of Rs.13,69,563/- (Rupees Thirteen Lakhs Sixty Nine Thousand Five Hundred and Sixty Three) to the petitioner as per the details submitted by the petitioner within a period of two weeks from the date of receipt of a copy of this order. 6.
With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
SD/. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR /TRUE COPY// 6SECTION OFFICER To, 1.TheSpecialChiefSecretarytoGovernment,FinanceandPlanning O"purtri"nt, Str1" of TelanganS, Secretariat, Hyderabad' 2.ThePrincipalSecretary-to-Government,PanchayatRaj?nqRural Development Oeiari;;t: Stite of Telangana, Secretariat, Hyderabad'
3. The Superintending Engineer, P.R. Circle, Yadadri Bhuvanagiri District' '/'
4. The District Panchayath Raj Engineer, PIU Division, Yadadri Bhuvanagiri, "- Yadadri Bhuvanagiri District.
5. fhq Dgpqty Executive Engineer, Panchayath Raj Sub Division, Ramannapet, z--.t Yadradri Bhuvanagiri District.
,/
6. The Assistant Engineer, PR [/lPP, Ramannapet, Yadradri Bhuvanagiri District. -
7. One CC to SRI THOONI SRINIVAS, Advocate. [OPUC]
8. Two CCs to GP FOR FINANCE PLANNING, High Court for the State of -/ Telangana. [OUT] 9.TwoCCstoGPFoRPANCHAYATHRAJ,HighCourtfortheStateof Telangana. [OUT] 10.Two CD Copies.
BSK
HIGH COURT DATED:0710412025
ORDER
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1r c I