B. Mahalaxmaiah v. The State Of Telangana And 4 Others

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.28301 of 2019 ORDER:

The present writ petition is filed questioning the inaction on the part of respondent authorities in not releasing an amount of Rs.89,395/- due and payable to the petitioner with regard to the work of replacement of pumpset and pipeline at Teldevarapally, Chandampet Mandal, Nalgonda District despite the petitioner completing the said work and in acceptance thereof the petitioner was allotted Token No.6051, dated 18.09.2017 and to declare the same as being illegal, arbitrary, unjust and unconstitutional. 2.

Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayath Raj and Rural Development for respondents.

3.

Learned counsel for the petitioner submits that despite the petitioner making a number of visits to the office of the fifth respondent the same has not yielded any results and the amount is due from the respondent authorities since more than two years. 4.

Learned Government Pleader for Panchayath Raj on the other hand submits that the bills of the petitioner have been processed and the amount would be released in a short time. Further, the learned Government Pleader placed before this Court the letters addressed by the Engineer-in-Chief, MB, Hyderabad to the third respondent as well as to the Secretary to Government, Mission Bhagiratha (FAC), seeking for release of the balance budget provision of Rs.198.00 lakhs to enable the authorities to release payment of the petitioner before 31.03.2020.

5.

As seen from the pleadings put forth before this Court, the claim of the petitioner is a small amount of Rs.89,395/- and in acceptance of which the respondent authorities have issued a token bearing No.6051, dated 18.09.2017, and since the same is pending for more than two years and also having regard to the fact that the respondent authorities are now seeking for release of the balance budget provision for the year 2019-20 in order to release the payment of the petitioner, this Court is of the view that the authorities shall take necessary steps to release the payment due to the petitioner forthwith unconnected with the release of the balance budget provision from the Government and in any event on or before 30.03.2020.

6.

Subject to the above direction, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTI CE T.VI NOD KUMAR Date:05.02.2020 grk