B. Rathna, v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 29831 of 2016 ORDER:

This writ petition was filed challenging the action of respondent Nos.2 and 3 in not allocating budget/grant for the works executed by the petitioner as illegal and arbitrary. On 07.09.2016, this Court ordered notice before admission and in spite of the same, no counter-affidavit is filed. Today, when the matter is taken up for consideration, learned counsel for the petitioner produced before this Court, a copy of the common order, dated 20.10.2016, passed in W.P.Nos.29851, 29880 and 29902 of 2016 and submits that the said order governs the present case also. Learned Government Pleader does not dispute the same.

In the circumstances, this writ petition is also disposed of in terms of the common order, dated 20.10.2016, passed by this Court in W.P.Nos.29851, 29880 and 29902 of 2016, which reads as follows:

"

The main grievance of the petitioners is these writ petitions is even after completion of the works entrusted to them i.e., repair works to the Government High School buildings in Khammam District, respondent No.3 is not paying the amounts for the bills submitted by them. Hence, they pray this Court to give a direction to respondent No.3 to pay the amounts for the works completed by them as expeditiously as possible.

Learned Government Pleader for Social and Tribal Welfare appearing for respondent Nos.1 to 3 produced written instructions of respondent No.3 wherein it is stated as follows:

"....... At this juncture, the Chief Engineer, Tribal Welfare, Hyderabad has directed to approach the Director of School Education for releasing of required funds of Rs.43.83 Lakhs vide reference 5th cited. As per the directions of the Chief Engineer, Tribal Welfare, Hyderabad, I have personally went to the Commissioner and Director of School Education, Hyderabad and requested to release the funds immediately. But no funds received by this office till to date........" From the above instructions, it is evident that on receipt of the funds, respondent No.3 intends to pay the amounts to the petitioners as per the bills claimed by them. Considering the fact that the execution of works by the petitioners and the payments to be made to them are not in dispute, respondent No.3 is directed to pay the said amounts to the petitioners within a period of three (3) months from the date of receipt of a copy of this order. If respondent No.3 fails to pay the said amount within the stipulated time, the petitioners are at liberty to approach the appropriate authority for releasing of the funds.

Accordingly, all the Writ Petitions are disposed of. There shall be no order as to costs. "

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:23.01.2017 kdl