High Court · 2025

Judgment

1. 2 3 4 5 The State of Telangana. Rep.by its principal Secretary,t Municipal Administration and Urb"an oeveidp-nieni-b"'pJiir[n-t, s""i"iriiit ti;iiiilG: Secretariat, Hyderabad. The District Collector, Hanumakonda District The Greater waranoar tvrunicipal corporation, Rep. by its commissioner, Warangal. Ihe Engineer-in-chief (PH), pubric Hearth and Municipar Engineering Department, AC Guards, Hyderabad IJ"?.?;3;''"t"nd in g En g inee r, The G reate r wara nsa I Munici pa I co rpo ration, ...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 an order, writ or order or Direction, particularly one in nature of writ of Mandamus, decraring the action of Respondents, particurarry 3rd Respondent, in not considering the petitioners representation dated 20t1212024, by which the Petitioner sought payment of final bill amount for execution of contract work pertaining to the widening and laying of BT Road from Arepally to Laxmi Mega Township via Paidipally (allotted by the Respondent No. 3 in favour of the Petitioner Firm vide Agreement No. sE/GWMci39/2018-19 dated 31:o7-2o18), despite of completion of the said work and making multiple oral and written representations and further not including the Petitioners bill in the Proceeding No. 29ICMA.GWMC/CPO/2O1B dated 06-02-2025 issued by the Respondent No.2 for releasing the amount to the works executed in contract with the Respondent No. 3 as being illegal, arbitrary, unjust and is also violation of Article 19(1Xg) and 21 Constitution of lndia and consequently direct the Respondents particularly Respondent No.3, to consider the Petitioners representation dated 20-12-2024 and make payment of final bill amount for execution of contract work pertaining to the widening and laying of BT Road from Arepally to Laxmi Mega Township via Paidipally allotted by the Respondent No. 3 in favour of the Petitioner Firm vide Agreement No. SE/GWMC/398018-19 dated 31-07-2018 and thereby also include the contract work executed by the Petitioner pertaining to the widening and laying of BT Road from Arepally to Laxmi Mega Township via Paidipally in the Proceeding No. 29IC|MA.GWMClCPOl2018 dated 06-02-2025 issued by the Respondent No 2 for release of final bill amount to the Petitioner. 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 particularly Respondent No.3, to consider the Petitioner's representation dated 20-12-2024 and make payment of final bill amount for execution of contract work pertaining to the widening and laying of BT Road from Arepally to Laxmi Mega Township via Paidipally allotted by the Respondent No.3 in favour of the Petitioner Firm vide Agreement No. SEiGWMC/39 12018-19 dated 31 -07-201 8. lA NO: 2 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 particularly Respondent No.2 and 3 to include the contract work executed by the Petitioner pertaining to the widening and laying of BT Road from Arepally to Laxmi Mega Township via Paidipally in the Proceeding No. 2giCMA.GWMC/CPO/2018 dated 06-02'2025 issued by the Respondent No. 2 for release of final bill amount to the Petitioner. Counsel for the Petitioner: SRI SAINI ARAVIND Counsel forthe Respondent No.1: AGP FOR MGPLADMN URBAN DEV Counsel for the Respondent No.2: AGP FOR REVENUE Counsel for the Respondent No.3: SRI PASHAM MOHITH' SC FOR GWMC The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.5944 OF 2o25 ORDER: Heard Sri Saini Aravind, learned counsel for the petitioner, Sri Pasham Mohith, learned Standing .Counsel appearing for 3.d respondent-Greater Warangal Municipal Corporation, learned Assistant Government Pleader for Municipal Administration and Urban Development Department for 1"t respondent and learned Assistant a' Government Pleader for Revenue Department for 2^d respondent.

2. Petitioner and 3'd respondent have entered into an agreement dated 31.07.2018 for widening of existing B.T Road from Arepally to Laxmi Mega Town Ship via Paidipally on the specific terms ald conditions mentioned therein. As per the said agreement, petitioner has to complete the execution within six months. According to the petitioner, it has executed the said work within the aforesaid period strictly in terms of the said agreement and there is no lapse on the part of the petitioner. It is entitled for a sanctioned amount of I Rs.3,95,00,000/-. 3.d respondent has paid an amount of Rs. 1,63,81,927/-. According to the petitioner, the balance amount due is Rs. 1,97,04, ISS.g2/_. In proof of the same, petitioner has filed copy of payment of f,rrst and part bill issued by 3.a respondent dated 23.05.2022. petitioner has also placed reliance on the proceedings dated O6:02. *25 uide Proc'No.29lcMA/cwMC/ cpo / 2or8, letter dated 27.o4.2024 uide Lr.N o.O5 /T 1 / GWMC/ BT Road/A r ep ally / 20 I 8 and letter dated 04.O3.2024 uid.e Lr.No.O6IGWMC/DS/2OA3_24. Referring to the szune, petitioner has submitted a representation dated 20 .12.2024 to 3.d respondent with a request to take steps and pay the balance amount as early as possible. Despite receiving and acknowledging the said representation, 3.d respondent did not act upon the same. Aggrieved by the said inaction of 3.tr respondent, petitioner Iiled the present writ petition.

3. Whereas Sri pasham Mohith, learned Standing counsel appearing for 3.d respondent, on instructions, wourd submit that 3.,1 respondent will consider the said representation and dispose it of in accordance with law. L I , 3

4. As discussed supra, there is no dispute with regard to execution of the agreement dated 31'07'2018 for widening of existing B.T Road from Arepally to Laxmi Mega Town Ship via Paidipally by the petitioner herein in terms of the said agreement. It is also not in dispute that 3'd respondent has paid an amount of Rs'1,63,81'927/1"End the balance amount due is Rs.1,97,04, 155'921-' Thus' most of the facts are not in dispute' Therefore, this Court can entertain the present writ petition as per the principle laid down by Supreme Court in ABL International Ltd' v' Export Credit Guarantee Corporation of India Limitedl' As per the principle laid down by Apex Court in the said judgment' even in a contractual matter, writ petition is maintainable'

5. In the light of the said- discussion, this Writ Petition is disposed of directing respondent Nos'3 and 5 to consider the representation dated 20 'L2 '2024 and dispose it of in accordance with law. Respondent Nos'3 and 5 shall aiso consider the proceedings dated 06'02'2025 and letters dated 27.O4.2O24 and' O4.O3.2O24- If respondent Nos'3 and 5 are not inclined to accept the request made by the petitioner, they t (2OO4) 3 SCC 5s3 4 shall assign specific reasons a,d pass an order and communicate the said order to the petitioner. They shall complete the said exercise within a period of four (04) weeks from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. SD/-A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY// TION OFFICER To,

1. The Principal secretary, Municipal Administration and Urban Development ' o.lirrfn.''etiil S"ir"iir#t auihings, Secretariat, Hvderabad, State of Telangana.

2. The District collector, Hanumakonda District 3. The Commissioner, Greater Warangal Municipal Corporation' Warangal' 4. The Enoineer-in-Chief (PH), Public Health and Municipal Engineering Departm6nt, AC Guards, HYderabad

5. The Superintending Engineer, The Greater warangal Municipal corporation, Warangal.

6. One CC to SRI SAINI ARAVIND, Advocate TOPUCI 7. One CC to SRI PASHAM MOHITH, SC FOR GWMC [OPUC] 8' Two CCs to GP FoR MCPL ADMN URBAN DEV, High Court for the State of Telangana at HYderabad [OUT] g.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

10.Two CCs to GP FOR MEDICAL & HEALTH, High Court for the State of Telangana at HYderabad [OUT] 1'l .Two CD CoPies BSR BS HIGH COURT DATED: 2ilO2t2O2S I t I ORDER WP.No.S944 of 2O2S oY orri /t 03 i,iii Zcz5 ( ( l's, 14 iati .-2./ / t. _r. ri.,i \. DISPOSING OF THE WRIT PETITION, WTHOUT COSTS \gd '.'"ft