M/s Neelima Fish Seed Farm v. The State of Telangana

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 Writ or Writs Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents for not releasing the amount of Rs.82,87,343/-for Sangareddy District in favour of Petitioner, with interest for supply of fish seed for the year 2023-24 basing on proceedings vide Lr.No.87lC12023 daled O3.O5.2O24 as bad arbitrary, illegal and also offends Arts 14, 1 91(g) and 21 of the Constitution of lndia. lA NO: 1 OF 2025 Petition under Section '1 51 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 Rs.82,87,3431- for Sangareddy District in favour of Petitioner, with interest, considering the proceedings vide Lr.No.87/Cl2O23 daled 03.05 2024, pending disposal of the writ petition. Counsel for the Petitioner: SRI D. L. PANDU Counsel for the Respondent No.1,3,4 and 6: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following: OROER _.-------_- THE HONOURABLE SMT.JUSTICE T.MADTIAVI DEVI I W.P.No. 118O OF 2025 ORDER: This Writ Petition is filed for the following reliefl- ".. .Wit of mandamus declaring the action of the respondents for not releasing the amount of Rs.82,87,343/- for Sangareddg Distict in fauour of Petittoner, uith interest for supply of fish seed for tlLe gear 2023-24 bosing on proceedings uide Lr.No.87/C/2O23 dated O3.O5.2O24 as bad arbttrary, illegal and also offends Articles la, 191(9) and 21 of the Constitution of India and to pass..."

2. When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that the \ lis in the present Writ Petition is squareiy 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 iearned government pleader for fisheries and also the learned government pleader for finance and pianning appearing for the respondents.

3. In view of the same and for reasons alike, this Writ Petition is disposed of in terms of the order dated

26.03.2025 passed in W.P.No.67OB of 2025, directing the respondents to consider the recommendation of the respondent No.6 and if the name of the petitioner do not lind place in thc Vigilance & Enforcement department report and there are no adverse remarks against the petitioner; and \ other similarly placed persons are made payments, then the petitioner shall also be made payments for the fish seeds supplied to the Government.

4. l'he offrce is directed to append a copy of the order dated 26.03.2025 passed in W.p.No.6708 of 2025 to this Writ Petition.

5. Miscellaneous petitions, if any, pending in this Writ Petitiorl. shali stand closed. There shall be no order as to //TRUE COPY// ]SD/- A.JAYASREE SISTANT RE GISTRAR SECTION OFFICER To, e iary Development and langana, Hyderabad. ecretariat, The State of he Special Chief Secretary, Animal Husbandry isheries Department, Secretariat, The State of he Principal Secretary, Finance Department, S elangana, Hyderabad he Commissioner of Fisheries, Telangana State, Shantinagar, Hyderabad he Deputy Director of Fisheries, (lnlands) O/o Commission-er of Fisheries, yderabad. he District Collector, Sangareddy District

1.7 F 2. 1 T 3.7 4.7 H 5,7 6. The District Fisheries Officeri Assistant Director of Fisheries, Sangareddy 7. One CC to Sri D. L. Pandu, Advocate IOPUCI B. Two CCs to GPforAnimal Husbandary, High Cou( for the State of 9. Two CC to The GP for Finance Department, High Court for the State of '10. Two CC to The GP for Revenue, High Court for the State of Telangana, at Telangana. at Hyderabad [OUT] Telangana, at Hyderabad[OUT] District Hyderabad[OUT] 11.Two CD Copies TJ KV (Along with the Copy of Order dated 26.03.2025 ln W.P.No.670S OF 2025) M HIGH COURT DATED:21 10412025 'I ORDER WP.No.1180 of 2025 ST4 r6 i () 7 't. DISPOSING OF THE WRIT PETITION WITHOUT COSTS q \{. ^\(rq, \Z ?, THE HONOURABLE SMT WSTICE T.MADIIAVI DEVI ORDER: W.P.NO.6708 oF 2025 In this writ petition, the petitioners are seeking a direction to the respondents to make payment for the fish seeds supplied by them for the years 2023-2024 and, to pass such other order or orders in the interest ofjustice.

2. lrarned counsel for the petitioners submitted that theie are recommendations of the respondents No.5 and 6 for concerned paJaments. However, the respondents have not made any paJrments.

3. At the time of admission, the learned govemment pleader for frsheries 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 pal,rnents and he submits that if after inquiry, the l I r1 2 payrnents are made to the others, the respondents may also be directed to make the payments to the petitioners herein.

5. Having regard to the rival ' contentions and the material on record, this Court finds 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 court 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 frnd place in the Vigilance & 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 pa5rments for the fish seeds supplied to the Govemment.

6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 7 Miscellaneous petitions, if any, pending in this writ petition, shall stand closed

26.03.202s JUSTICE T.MADIIAVI DEVI