R. Laxmipathi v. The State Of Telangana, Rep. By Its Secretary,

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.26199 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of Mandamus declaring the action of the respondents in not releasing the bill amount to the work done by the petitioner as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Forests, representing the respondents 1 to 7.

3. It is the case of the petitioner that the fourth respondent allotted the work to the petitioner for laying of the road in the forest area from Durvasula Cheruvu to Kollampentagudem. The petitioner completed the entire work within the stipulated time. Even after completion of the work, the respondents have not released the bill amount in favour of the petitioner. The Government of Telangana, Forest Department issued a memo basing on the representation of the petitioner dated 09.04.2015 directing the Divisional Forest Officer, Wild Life Management, Achampet, to make necessary payment to the petitioner. The petitioner also got issued legal notice dated 13.06.2016 requesting the respondents to release the bill amount to the tune of Rs.15,65,323/-. For one reason or other, the respondents have not paid the amount to the petitioner.

4. At the time of arguments, the only relief sought by the petitioner is to direct the fourth respondent to release the bill amount in his favour. The learned Government Pleader for Forests submitted that some more time may be granted for release of the bill amount in favour of the petitioner.

5. In view of the submissions made by both counsel, this Court is not inclined to go into the merits of the main case.

6. Having regard to the facts and circumstances of the case and also the submissions made by both the counsel, the fourth respondent is hereby directed to release the amount in favour of the petitioner in respect of the work executed by him as early as possible, preferably, within a period of two months from the date of receipt of copy of this order.

7. With the above direction, this writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

______________________ T.SUNIL CHOWDARY, J August 27, 2016.

Rns.