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High Court for State of TelanganaWP/12719/2015disposed of no costs

Sri Raghavendra Borewells, Khammam v. The State Of Telangana, Rep. By Its Secretary

2015-04-28Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 12719 of 2015 ORDER:

This writ petition is filed by the petitioner seeking to declare the inaction of the respondents 3 to 5 to release the amount to a tune of Rs.2,32,247/- to the work done by him, and also in not considering the representations dated 06.01.2014 and 11.08.2014 submitted by him in the grievance cell to the 2nd respondentDistrict Collector, Khammam, as illegal, arbitrary and violative of principles of natural justice and consequently prays for a direction to the respondents to make payment of balance 50% of bills outstanding, working out to Rs.2,32,247/-.

2. The submission of the learned counsel for the petitioner is that petitioner was allotted a work of drilling of 6 1⁄2 dia DTH bore wells under SCAP 2012-2013 in the assigned lands of beneficiaries through 3rd respondent-Ground Water Department, Khammam under Work Order No.56/T/SCAP/2013, dated 28.03.2013 for a total value of Rs.6,04,875/-, and the petitioner has completed the work to an extent of 17 bore wells and the amount that required to be paid was arrived at Rs.5,19,107/-. Accordingly, check measurements were made by the 3rd respondent and also the bills have been passed for payment. In spite of the same, the amounts are not being released. Learned counsel for the petitioner brings to the notice of the Court that out of an amount of Rs.

4,64,497/-, which was arrived at by the 3rd respondent as per the Measurement Book, 5th respondent-Schedule Caste Cooperative Society has already released its share of Rs.2,32,247/- to the petitioner and the balance is not being paid. In that view of the matter, the petitioner has made a representation dated 06.01.2014 to the 2nd respondent-District Collector, Khammam, who is ultimate supervising authority, and as there was no response from the 2nd respondent, the petitioner submitted another representation dated 11.08.2014 in the grievance cell, but the same was also not considered by the 2nd respondent. Hence, the learned counsel for the petitioner seeks a direction to the 2nd respondent to consider his representation and to enable him to get the payment for the work executed by him.

objection for this prayer.

Accordingly, this Writ Petition is disposed of with a direction to the respondent No.2-District Collector, Khammam, to consider the representations of the petitioner filed on 06.01.2014 and 11.08.2014 for payment of balance 50% of bills outstanding i.e., Rs.2,32,247/- in the interest of justice and shall dispose of the same within one month from the date of this order. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________ CHALLA KODANDA RAM, J Date:28.04.2015.

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