K. [Vlaheshwar Reddy v. ep By is Prl

Petition under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Drrection more particularly one in the nature of a Writ of [Vlandamus, declaring the action of the 2nd Respondent in not considering the Petitioner's Legal Notice Cum Representation Dt. 04-01-2025, with regard to the payment of Rs. .41,19,9831 (Forty One Lakhs Nineteen Thousand Nine Hundred and Eighty Three Rupees Only) due to the Petitioner herein for works done by the Petitioner in Pursuance to the Agreement Bond No. 78/TSM/S[DC/2O15-2016 Dt. 261312016, vide Tender Notice No. 9/TSM/SIDC/l5- 16 Dt. 12111/15, as illegal and arbitrary action on the part of the 2nd Respondent ,- and also vio ati\/€ rf Article 14, 16, 19 and 21 of the Corrstitr.rt on of lndia and consequently dir::t the Respondent No. 2 to consider tlre Le;al Notice Cum Representali,)n ci1 04-01-2025 an amount of Rs. 41 19.tr83/. rnd release the said amount 'orthr I th of the Petitioner. lA NO: 1 OF :2025 Petition uncer Section 151 CPC praying that in the ci -cunrstances stated in the affidavit 'ilecl n support of the petition, the High Cour.t miav be pleased to issue a directrc,n. Srrecting the 2nd Respondent herein to lorth,with consider the Legal Notice crrrr Representation Dt 04-01'202s with regarJ to ttre release of an amount of Rs.41 13.983/- to the Petitioner pending disposal of ther Writ petition in the interest or JLrsti te Counsel for the Pctitioner : SRI BIDARKAR GOPAL Counsel for the Rcspondents No.1 : GP FOR MEOICAL HE,ALTH FW c o u n s e I ro r t h e R. s p o n d e n ts N o 2 & 3 ;iitHflf^? ff o#rlii,or'rh, The Court made tt e following: ORDER *,, " w THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3657 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief s:- a....to lssue a Wrlt, Order or Dlrectlon mote partlculdrlg one ln the aature of a Wdt ol Mandamu, d.eclarlng the q.cuon oJ the 2"d respondent 7n not coaslderlng the petltloner's Legq.l Notlce-cum- Representatloa Dt.O4-O1-2O25, urlth rega.rd. to the pd.gment of Rs,47,79,9A3/- (Fortg On.e l,'khs Nlneteen Thousand Nlne Hundted qnd. Etghtg Three Rupees onlyt due to the petltloaer hereln for uorks done bg the petltlonet ln Ptti-suance to the Agreement Bond. No.7a/TSM/SIDC/2O75-2O16 Dt.26/3/2O16, ttde Tender Nottce No.g/T SM/SIDC/15-16 Dt. 72/11/15, as lllegal and. arbtttdry acuon on the part of the 2"d respond.ent and also aiolatlue of Ar cle 14, 16, t9 & 2l oJ the Constltutlon of htd.la d.nd. consequentlg dlrect respondent No.2 to conslder the Legal Notlce-cum- Representatlon dt,O4-Ol-2O25 an dmount oJ Rs.41,19,983/- and. releq.se the sd.ld dmount Jorthutth to the petlttoner and to pass s,ach other otder(s) ds thls Court deetns Jtt drtd proper ln the clrcumstances o.f the case...."

2. Heard Smt.P.Krishna Keertana, learned counsel for the petitioner and Mr.Rama Chandra Reddy, learned counsel I I representing Mr.G.Rama Rao, learned standing counsel for Telangana State Medical Services and Infrastructure Development Corporation appearing for respondent No.3

3. Learned counsel for the petitioner strongly submits that it is an admitted fact that the petitioner has executed the work to the satisfaction of the respondents, despite the said fact, the final bill of the work entrusted to the petitioner has not been passed by the respondents, which is illegal and arbitrary in nature. Therefore, she seeks to pass appropriate orders. Z

4. On t1-r,:: 'cther hand, Mr.Rama Chandra RedCy, learned counsel t elrre senting learned standing counsel for t espondent No.3 submrt.s that the petitioner could not corr plel-e the work within th: sti tulated time. He further submits tlrat lhe loan for execution oi .he present work i.e., upgradation oi 1 l0 bedded hospital ,rt \/ l<arabad along with other works ivas lpanted by NABARD' RIII F 2013 - 14 on the request of Finalce trepartment and accor-dinp to the norms of NABARD, the said lozrr has to be realized anC L Ltilized within the stipulated time ar; per the norms of NABAF D ar Ld since the time stipulated has beetr el:'tpsed by the time of lbr-q,z rding (uploading) the bills to PaY arrd Accounts office, th,: op ion was closed. He further submits tl:.:.t the final bills per,aini rg to the subject work were uploa ded to the Governm,:r t , rnder different head i.e., not under N,A.BARD and the sarrre s pending before the Govern..:nen t (Finance Departmr:nt) trr release of budget; that soon afte r rt'I,:ase of the budget ttre at n ount will be paid to the concernerl. T herefore, he seeks to rlis;rn ss this Writ Petition.

5. Har irlg t'egard to the submissions of both the learned counsel, thrs Court deems it appropriate to disp,ose ,tf the Writ Petition bv d recting the respondent authorities to reiease the I I l ,d-ry 3 admitted bills due to the petitioner, without going into any technicalities, within a period of eight (8) weeks from the date of receipt of copy of this order. No costs' Miscellaneous Petitions, pending if any, shall stand closed J To, //TRUE COPY// SD/-S. ALLIKARJUNA RAO S ISTANT REGISTRAR SECTION OFFICER 1 The Prl Se_cretary. Health. Irrledical and Famil elfare (F) Dept., State of rerangana. iJr. B.R. Ambedkar Secretarrat Build Saifabad, Hyderabad 2 The Vice-chairman & I\rranaging Director, Terangana state Medicar Services a tnfrastructure Develonmeni d;il;;ti;r,"'1R-X"'tnterprises of Govt., of Telangana) Suttan-Bazar, {Xotil H!1"]r[r1 " "' 3 The Executive Enoineer. office of rerangana state .vredicar Services and lnfrastrucrure Dev"etonme.t a;rp"r;ii;;:"i{n"Lnterp'ses of Govt.. of leransana; H No t;_zich--6u-"Ei' iio' b;;i;;" " sliva"rimialril Rajendranagar, R. R. Diskict rngs, Telangana. [OUT]

4. One CC to SRt BTDARKAR GOPAL, Advocate. tOpUCl 5 Jryo CCs to Gp FOR MEDTCAL HEALTH FW, High Court for the State of 6 9!" cc to sRl G.RAMA RAo, sc for Terangana state Medicar Services a 7 . Two CD Copies. Inf rastructure Devetopment corporation.-[5FUii "' BSK BS \ .I HIGH COUR'I- DATED:07 fi,ll2025 \ 1/ I i -:-:.\ ,.aru_,)\ ltlE I \ -r\ -i ll a: ll a r ;r ' /,1,/ 1B JUN 2M * l')fSnr.r' 'c n 1,,/ ORDER WP.No.36i57 of 2025 DISPOSING ()F THE WRIT PETITION WITHOUT'COSTS tE6