High Court · 2025

'1 . K.S. Fish Farm, Rep by its Managing Partner, Kandula Srinivas S/o: late Laxmaiah, Aged about 51 years, Rl/o H.No.1-23711/1L' Timmapur, Kyathanpally Mandal, Manda lVlarri, Mancherial District

2. Jala Pushpa Fish Seed Hatching Company, Rep by its lvlanaging. Partner, Chethi Sri Ramulu S/o: late Raiaiah, Aged about 62 years, Rl/o Hasnabad Village, Jagtial District ...PETITIONERS AND

1. The State of Telangana, Rep. by its Special Chief Secretary Animal. Husbandry, Diary Development and Fisheries Department' Secretariat, Hyderabad.

2. The State of Telangana, Rep. by its Principal Secretary, Finance Department, Secretariat, Hyderabad

3. The Commissioner of Fisheries, Telangana State, Shantinagar, Hyderabad. 4. The Deputy Director of Fisheries (lnlands), O/o Commissioner of Fisheries, Hyderabad.

5. The District Collector, [t/ancherial, Mancherial District 6. The District Collector, Kumrambheem Asifabad District 7. The District Collector, Jagtial District 8. The District Fisheries Officer/Assistant Director of Fisheries, IVlancherial' lvlancherial District

9. The District Fisheries Officer/ Assistant Director of Fisheries, Kumrambheem Asifabad District .10. The District Fisheries officer/ Assistant Director of Fisheries, Jagtial District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a or Writs Order or Direction more particularly one in the nature of WRIT OF MANDAIVIUS declaring the action of the Respondents for not releasing the amount (1) Rs.60,77,000/- in favour of Petitioner No.1 in fvlancherial District, Rs.53,48,0001 in Kumrambheem Asifabad District, (2) Rs.1,69,61,0001 in favour of Petitioner No.2 in Jagtial District, with interest for r;upply of fish seed for the year 2023-24 basing on submission of bills as recommended by Respondent No.8 to 10 vide Lr.No.34/E/Fish Seedt2A23-24 dated 20.12.2023, NEN.No.93/D/Fish Seed/2023-24, Lr.No.121lcl2023 dated O4.01 .2024 respectively as bad arbitrary, illegal and also offends Arts '14, 191(g) and 21 of the Constitution of lndia. 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 forthwith release the amount of (1) Rs.6r),77,000/- in favour of Petitioner No.'1 in Mancherial District, Rs.53,48,0001 in Kurnrambheem Asifabad District, (2) Rs.1,69,61,0001 in favour of Petitioner No.2 in Jagtiat District, with interest for supply of fish seed for the year 2023-24 basing tn submission of bills as recommended by Respondent No.B to 10 vide Lr.No.34rElFish Seedl2o23-24 dated.20.12.2023, NEN.No.93/D/Fish Seed/2023-24, Lrt\o.12itct2O23 dated 04.O1.2024 respectively, pending disposal of the writ petition Counsel for the Petitioner: SRI D. L. PANDU Counsel for the Respondent Nos.1, 3,4,8 to 10: GP FOR ANIMAL HUSBANDARY Counsel forthe Respondent No.2: GP FOR FINANCE DEPARTMENT Counsel forthe Respondent Nos.5 to 7: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SMT.JUSTICE T.MADHAVI DEVI W.P.No. LOAT OF 2o25 ORDER: This Writ Petition is filed for the following relief:- ". . . Wit of mandamus declaing the action of the respond.ents for not releasing the amount (1) Rs.60,77,OOO/ in fauour of Petitioner No.1 in Rs.53,48,00O/ - Mancheriol Distict, Kumrambheem Astfubctd Distict, (2) Rs. 1 ,69,61 ,OOO/ in fauour of Petitioner No.2 in Jagtial Distnct, tuith interest for supplg of fi"sh seed for the geor 2023-24 bosirtg on submtssion of bills as recommended bg Respr:ndent No.S to 1O ulde Lr.No.34/ E/ Fish Seed/2023-24, doted 20.12.2023, NEN.No.93/ D/ Fish Seed/2O23 24, Lr.No.121/c/ 2023 dated O4.O1.2024 respectiuelg as bad arbitrary, illegcLl and cLlso offends Arlicles 1 a, 1 91(g) and 21 of the Constitution of India cLnd to pctss..."

2. When Lhe matter is taken up for hearing, it is submitted by the learned counsel for the petitioners that the lls in the present Writ Pctition is squarely covered by the order of this Court dated 26.03.2025 in W.P.No.67O8 of 2025 and the same is not disputed by the learned government pleader for fisheries and also the learned government pleader for hnance and planning appearing for thc respondents.

3. ln vieu, of the same and for reasons alike, this Writ Petition is disposed of in terms of the order daLed 26.03 .2025 passed in W. P. No.67 08 of 2025, directing the respondents to consideftherecommendationsoftherespondentsl\Io.8to10 and if the names of the petitioners do not find plrrce in the Vigilance & Enforcement department report and thr:re are no adverse remarks against the petitioners; and other simi1ar1l' .placed persons arc made payments, then the petitioners shall also be made payments for the fish seeds supplied to the Government.

4. The office is directed to append a copy ol the order dated 26.03.2025 passed in W P No 6708 of 2025 to this Writ Petrtion.

5. Miscellaneous petitions' if any' pending in this Writ Petition, shall stand closed' There shall be no order L's to costs //TRUE COPY// SD/. A.JAYASREE ASAISTANT REGISTRAR / /\ \ \ar"r,o* oFFtcER to'', ^State' Hvderabad. Telangana, HYderabad . ,n" Special Chief Secretary' Animal Husbandry' Dian' Development and Fisheries oepartmeni'5ilitit'ii't' tn" State oi Telan3ana' Hyderabad' 2. The Principuf S"c,"taif'Ilin-ance bepartment' Secretrrriat' The State ot Shantinagar' Hyderabad' 3. The Commi.rion"r. J#ith"ries, Telangana 4. The Deputy Director oi i]!n!ti"l ii"tttil' o/o comnrissioner of Fisheries' s. ifrE"o'ttii"t Collector, Mancherial' Manch.erial Districl 6. ii;; Di;iili coitector, Kumrambheem Asifabad Distrirl 7. tn" oittri"t Collector, Jagtial District B. The District risneries 63YcJr)X.il.ti"t Director of Fisheries, Mancherial, g.TheDistrictFisheriesofficer/AssistantDirectorofFis;heries,Kumrambheem '10. The District Fisheries Oflicer/ Assistant Qirector of Fisheries' Jagtial District ii.d;-Cc to'sii o. L. Pandu, Advocate toPlJpl- 'l2.Two CCs to GP f"r ffi;;l'Ht;;b'noitl)'Higr' bourt l'or the State of - Telanqana. at Hyderabad [OUT] 13.Two CC to The GP i;IF;1"";; bepartment' High Court for the State of Telanqana, at HYderabadlOUTl 14. T;;'6t'il ii'"'cF'tTrH3i""^ie, Hish court for the :itate of Telansana, at HYderabad[OUT] 'l5.Two CD CoPies t\ilancherial District Asifabad District TJ KV ft- letong with the Copy of Order dated 26'03'2025ln W'P'No'6708 of 2025) , I I l I ; I i I I i I I I I I i I I HIGH COURT DATED:21 10412025 ORDER o( 5 o /,- ST4 r4r 02 ir l!i 2[25 ? 7 o WP.No.1087 of 2025 * Ot." -, .=,^ ,i* DISPOSING OF THE WRIT PETITION WITHOUT COSTS "rO .de Yt-\( - /n \3r >\e I r5 /i// ;}::,.!aatt ::{Ya' I THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: w.P.NO. 6708 0F 2025 In this writ petition, the petitioners are seeking a direction to the respondents to make pa1'rnent for the fis-h seeds supplied by them for the years 2023-2024 and to pass such other order or orders in the interest of justice.

2. Learned counsel for the petitioners submitted that there are recommendations of the respondents No'5 and 6 for concerned payments. However, the respondents have not made aly payments.

3. At the time of admission, the learned government pleader for hsheries has received instructions and has submitted that there is a Vigilance & Enforcement Department' inquiry going on with regard to the supply of fish seeds to the Government. It is submitted that the inquiry is still in the process and therefore, the payments cannot be made'

4. Learned counsel for the petitioners further submitted that out of thirty eight cases, thirty six cases have been disposed of by this Court directing the respondents to make pa5rments ald he submits that if after inquiry' the 2 payments are made to the others, the respondents may also be directed to make the pa,'rnents to the petitioners herein.

5. Having regard to the rival contentions and the material on record, this Court frnds that the Vigilance & Enforcement Department is inquiring into whether the suppliers have supplied the fish seed and whether they are entitled to receive the payments. In such circumstances, this Cc'urt deems it fit and proper to direct the respondents to consider the recommendations of the respondents No.S & 6 and if the names of the petitioners do not find place in the Vigilarrce & Enforcement report and there are no adverse remarks against the petitioner; and other similarly placed persons are made payments, then the petitioners shall also be made payments for the hsh seeds supplied to the Government.

6. Accordingly, the writ petition is dispose<l of. There shall be no order as to costs

7. Miscellaneous petitions, if any, pending in this writ petition, shal1 stand closed. Date: 26.03.2025 bal< JUSTICE T.MADHAVI DEVI