High Court · 2025

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 appropriate Writ, order, or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondent Authorities in not releasing the payment of dues from the Purchase orders dt. 26.08.2023 vide Po-l.01/576ffSMSlDC/2023-2411354 and Purchase order dt. 23.o9.2023 vide Po-|1.06/576/T5MS IDC/2023-24 despite representation, to the Respondent Authorities, more particularly Respondent No.1 herein, vide I )tters dt 25.01 .2024 and 06.02.2024 as being arbitrary, as being arbitrary. ilegal, unlav,rful and contrary to the tender conditions, the principles of law ar I in violation of the Fundamental Rights of the Petitioner guaranteed under ,\ licle 14 and Article t9(t)(g) of the Constitution of lndia and consequently direc lespondent No. .l forthwith release payment of dues amounting to Rs. 1 3 | 7 ,OO,9321' from the Purchase Orders dt. 26.08.2023 vide Po-1.01/576/T5IvtSil) )t2023-24t1354 and Purchase Order dt. 23.O9.2023 vide Po-11.06/576iTSMStDC,i 023,24. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the c r ;umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the Respondent Authorities to forthwith release payl ent of dues totalling Rs. 13,97,00,932/- arising from the Purchase Orders dt l.6.OB.2023 vide po- 1.0'1/576/T5MSlDCl2023-2411354 and Purchase Order dt )_3.09.2023 vide po- I t.06/576/TSMS tDC t2023-24. lA NO: 1 OF 2025 Between 1 Telangana State Medical Services and lnfras:r lcture Corporation (T.S.tV.S.l.D.C.), DM and HS Campus Sultan Hyderabad - 500095 Rep by its Managing Director' Development Bazaar, Koti, ?) 2 The Managing Director, TSMSIDC, Koti, Hyderabad. Executive Engineer, Telangana State Medical Serv r :s and lnfrastructure . Corporation (T.S.M.S.l.D.C.) DManrll lS Campus, Sultan Development Bazaar, Koti, Hyderabad - 500095 4. The Commissioner HM and FW Department, Ch airperson BFC Koti, Hyderabad.

5. The Commissionerate of Tenders, Represented by. Engineer in Chief 6-2-659/3iA, Chintal, Hyderabad (, AND ...PETITIO \ =RS/RESPONDENTS M/s Readers Balaji Consortium, Office address. C-16, lDA, Uppal, Hyderabad - 500039, Telangana State. Rep by its Authorised Signatory. Mr. {aga.n Motan Reddy, S/o G. Ram Reddy, aged about 50 years, Occ. Director, [vl/s Readers Stores lndia P\lt. Ltd. Rl/o Flat No. 202, Venu Mansion, Saleemnagar, Malakpet, Hyderabad - 500036 ...RESPONDENT/PETITIONER 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 vacate the interim orders daled 2710912024 in w.P.No. 7392 0',f 2024 and dismiss the Writ Petition. Counsel for the Petitioner : SRI N.NAVEEN KUMAR Counsel for the Respondents No.1 : THE ADVOCATE GENERAL W.P.No.31773 OF 2024 Between: I\//s Kendriya Bhandar, Central Government Employees Consumer Coope-rative society Ltd'Registered under the Multi-state co-operative societies Act,2002 with the redistered o-ffice address at Room No. 21 and 22, Ftst Floor, Municipal Complex, PutlibSwli, Koti, Hyderabad -500 095, Represented by its General Manager Mr.Ramana Murthy aged about 57 years. ..PETITIONER AND 2 1 State of Telangana, Represented by Principal Secrelary Department of Health and Family Welfare Secretariat Buildings,Hliderabad. Telangana State Medical Services and lnfrastructure Developmenl Corpo"ration, (T.S.M.S.l.D.C.) State Government Corporation with its regi'stered addiess at DM and HS Campus, Sultan Bazaar, Koti, Hyderabad - 500095 Rep by its Managing Director The Managing Director, Telangana Slate Medical Services and infrastructure Developm6nt Corporation (T.S. M.S. l.D.C.) Koti, Hyderabad- Executive Engineer, Telangana state Medical _ services and lnfrastructure .S.H,t.S.t.O.C.) DM and HS Campus, Sultan Development Bazaar, Koti, Hyderabad -500095 t. 5. The Commissioner H tVl and FW Department, ChairPerson BFC Koti, "Corporation '(f 4 Hyderabad. i

6. The Commissionerate of Tenders, 6-2-659/3iA, Chintal, Hyderabad Represented by. Engineer in Chief ...RESPONDENTS Petition under Article 226 of the Constitution of lndle praying that in the circumstances stated in the affidavit filed therewith, the ligh Court may be pleased to issue an appropriate Writ, order or direction more tr articularly one in the nature of Writ of lVlandamus declaring the action of Res J cndent No.2 in not releasing the payment of dues from Purchase Order No. (ll) 417I4SA3TSMS|DC/KCRKITS12022 dt.1210112o23 and Put hase order No. (lll) 05/458/3/TSMSIDC/KCRKITS/2O22dt.1210912023 despite tr r supplies made as being arbitrary, as being arbitrary, illegal, unlawful and cc itrary to the tender conditions. the principles of law and in violation of the Func i mental Rights of the Petitioner guaranteed under Article 14 and Article 19(t)(g) , f the Constitution of lndia and consequently direct Respondent No. 2 to forthwi.l release payment of dues amounling to Rs. 3,30.00,000/-in furtherance to I urchase Order No. 417l458l3lTSMSlDC/KCRKITSl2O22 dt. 121O112023 and )urchase order No. 05/458/3/TS IVS I DC/KC RKI TS/2022 dt. 1 2t 09 t2023. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the or rumstances stated in the affidavit filed in support of the petition, the High Court ma I be pleased to direct the Respondent Authorities to forthwith release paymert of dues totalling to approx. Rs. 3,30,00,0001, arising out of and in relation to th , Purchase Order No. (ll) 417|45A3TSIVSIDC/KCRK!TS|2}22 dt 12 01 .2023 & Pr chase Order No. (lll) 05/45 8/3/TSIVSIDC/KCRKITSl2O22, dt.12.09.2023 issued fr, Respondent No. 1. Counsel for the Petitioner : SRI N.NAVEEN KUMAR Counsel forthe Respondent No.1&5:GP FOR MEDICAL - EALTH FW counsel for the Respondent No.2to4 , 3E ro;[T$,f3?, .. Counsel for the Respondent No.6 : -- The Court made the following: COMMON ORDER t THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.7392 and 31773 of 2024 COMMON ORDER: The petitioners are aggrieved by the 2nd respondent not paying their monetary dues relating to the supplies made by the petitioners against various purchase orders and despite fumishing the original invoices. ln view of the commonality of grievance, the writ petitions are being disposed of through this Common Order. For reference, the averments in W.P.No.3 1773 of 2024, are taken.

2. The essential case of the petitioner, as per the writ affidavit in W.P.No.3 1773 of 2024, is that the petitioner supplied the material (KCR kits) against the Purchase Orders dated 12.01.2023, and 12.09.2023, however, his dues to the tune of Rs.3,30,00,000 has remained unpaid by the 2nd respondent-authority on one pretext or the other, in spite furnishing the original invoices.

3. Heard Mr. N. Naveen Kumar, learrred counsel for the petitioner; and leamed Standing Counsel for respondent No.2. Perused the record.

4. Leamed counsel for the petitioner draws attention to Paragraph No.8.11.6 (Payment terms) under Section VIII (General Conditions of Contract (GCC), which reads as follows: Payment terms: "8.1 1.6 a) 90% of payment will be paid on submission of original invoice with stock entries, delivery challan and accompanied with a certilicote of satisfactory receipl of material by concerned authorities. b) Balonce 10% witl be paid after 3 months from the date of payment of 9095 amount. I t I I t

5. Further, this Courr, by Docket Order dated 2l .t)',.2025, passed the - following order: \ t* *-'1 "Learned counsel for the petitioner submits that tn, order daled 27.09.2024 passed by this Court is not being compliea tll date on the pretext of non-avoilability of funds, hence del6yi71,' to make the requisite pdymenls ttnder the Scheme. He further st(.t,s thal due to non-payment of money, the petitioner is being put , t suJfer huge financial loss and hordship. Mr. M. B. Nitesh, learned Assistant Government Pleat,t - representing learned Advocate General submits that the matter i.\. rcing pursued and the same is also brought to the notice of re;, '6njsny l{r.4- Commissioner. He states that aclion would be taken tr due course of time and seeks short accommodation of time to obtah .ompliance on this aspect and make submissions. Mr. Venu Gopol Rao, leanted counsel representinr.. l4r. G. Rama Rao, learned Standing ()ounsel.for respondents is pre.t nt. List on 04.01.2025 "

6. Considering the submissions made, and Condir r n No.8. I 1.6 of the Payment Terms of the Contract, and also the assurr nce of the leamed Govemment Pleader on behalf of learned Advocate G: reral on 21 .03.2025 that the matter is being pursued and action would be tr ken in a short time with regard to the dues, the matter is being dragged c n since 21.03.2025, thereby the petitioner is indisputably being put to hardsli r. 7 . Accordingly, the writ petitions are disposed of r,, th a direction to the 2nd respondent to clear the admitted amounts due, wrt Lin a period of four weeks from the date of receipt of a copy of tlr.; order. No costs. Miscellaneous petitions pending, i fany, shaltstand clg2 -l To, //TRUE COPY// SD/. AHIV ED ABDULLA KHAN 1sS;I STANT REGISTRAR \\- , SECTION OFFICER \ The Principal secjelgry Department of Health and Farr ly welfare Secretariat, I elangana State Buildings, Hyderabad. 2 The Managing Director, Telangana State ti/edical Sen,i :es and lnfrastructure Development Corporation (T.S IM S.l D C.), Dtr/ and HS Campus, Sultan Bazaar, Koti, Hyderabad - 500095 (no) l

3. The Managing Director, TSMSIDC, Koti, Hyderabad. 4 The Executive Engineer, T9]a1ggry state tiuredicar Services and rnfrastructure p:y:F-pf u.lt,gorfioration tr.s."rvr.s. r rjt. t iji,l-"ijis crm-prs, sijiiJ;" ""'"' " Bazaat, Koti, Hyderabad - 500095

5. The Commissioner HM and FW Department, Chairperson BFC Koti, Hyderabad.

6. The Commissionerate of Teniers,-6_2_659/3iA, Chintal, Hyderabad. Represented by. Engineer in Chief

7. One CC to SRt N.NAVEEN KUMAR, Advocate. tOpUCl 8. Two CCs to THE ADVOCATE GENERAL, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CCs to GP for t\uledical, Health and Family Welfare Department,. Hioh Court for the State of Tetangana at Hyderabaci. iOUfj- --'- ' 10 one cc to SRI G-RAMA RA_o, sc for Terangana state Medicar services and lnfrastructure Devetopment Corporatron tf .Sltr,l. 5 i Cj.C. l. iOFUCj -

11.Two CD Copies BSK GJP HIGH COURT DATED:0611112025 I I I I ' i Li:C m[ ,/ COMMON ORDER WP.No.7392 & 31773 of 2024 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS /rtV, |/r4r r:lrs