High Court · 2025

ajender Sagar, S/o. Late Sri.S.Rajaiah, Govt. Regd., Civil Contractor, o. 23-5-188, Poolabanda, lnside Laldarwaza, Hyderabad - 500 065. ...PETITIONER AND 1 State of Telangana, represented by its Secretary, Health, fVledical and Family Welfare (F) Dept. Telangana Secretariat, Tank Bund Road, Hyderabad. 2 a The Commissioner, Health and Family We{fare and l\ilission Director (NHM), Telangana, Hyderabad. The Managing Director, TSIVSIDC., DM and HS Campus, Koti, Hyderabad, 500 001.

4. The Superintending Engineer, Hyderabad Circle, Telangana State Medical Services, Office of TSIMSIDC., ll Floor, DftilHS Campus, Koti, Hyderabad, 500 00'l . ...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 writ or order more so in the nature of Writ of mandamus declaring the action of the Respondents in delaying to the Petitioner and failure to consider the requests of the Petitioner to release the payment of Rs. 14,16,0011(Rupees Fourteen Lakhs Sixteen Thousand and One Only) AND 2. L.r. No. EE/TSMSIDC/Hyd.Dvnl2024-25 I Dt. 23-04-2024 2nd and Part Bill of Rs. 5,76,4241- (Rupees Five Lakhs Seventy-Six Thousand Four Hundred and Twenty-Four Only) AND 3. L.r. No. EE/TSIVSIDC/RR.Divn/2023-24 I Dt.27-12- 2023 1st and Part Bill of Rs. 8,86,869/-, totally amounting to Rs. 28,79, 294 (Twenty Eight lakh, Seventy Nine Thousand and Two Ninety Four Only), due for the works executed by the Petitioner in the 3rd Respondent Corporation, as highly arbitrary, illegal and unco nstitutiona l, violative of article 14, 16 and 21 of the Constitution of lndia and consequently direct the Respondents to consider the request of the Petitioner for release of the amount of Rs. 28, 79, 2g4l- due to the Petitioner together with interest. 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 consider the representation for release of the amounts due him i.e., Rs 28,79,2941- for the works executed in Respondent No.3 Corporation. Counsel for the Petitioner: SRl. BIDARKAR GOPAL Counsel for the Respondents: GP FOR MEDTCAL HEALTH FW The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.8O17 OF 2o25 ORDER: With the consent ol both the parties, this Writ petition IS taken up for disposal at the admission stage itself

2. Th is Writ Petition is filed, under Article 226 of the Conslitution of India, seeking the lollowing relief: "-..1o rssue a uit or order more so in the nature of Wit ol' nut(ll:]].rus deckting lhe actton of tlle Responde\ts in delaAtlg lo tl\e petitiL tlr eru1 lailure to corLsider the requests of the petitioner to release the prtgnent oi Rs.14,16,OOl/- (Rupees F-ourteen LakILs Si\7een Thousand atLd Ottc OttlLJ) AND 2. Lr. No.EE/TSMSIDC/ HAd.Dun/ 2024-25 / 1n.23-O4 2024 2' & t,arl Bill: of Rs.5,76,a24/- (Rupees Fiue l,.ktls SeuentlJ Srx Thousanrl F-our Ilundred and I'uenlA-Four Onl0 AND 3.Lr. N,.EE/'L'SMSIDC/ RR.Diun/ 2023 24 /Dt.27 12 2023 1! & Part Bill of Rs.8,86,869/ -, totallg anounting to Rs.28,79,294 (Tuentg Eight lakh, Seueatg Nne Thousand and TLDo Niaela Four Airl, due Jor the unrk-s executed by the Petitioner in the 3d respondent Corporal,.,n, os highly arbitrary, itlegal and und)nstitutionaL Diolatiue of article 14, l6arLcl 21 of the Constltution of India and coasequentlA direct tLLe R€rspo,tdenl-s cor$ider the request oJ the PetitiorLer for release of tlrc arnount of Rs.28,79,294/- due to the Petitioner together with inleresl and to pass... ,

3. Heard Ms.Nikita Goenka, learned counsel representing Sri Bidarkar Gopal, learned counsel for the petitioner; learned Government Pleader for Medical & Health for respondent Nos.l and 2; and Sri G.Rama Rao, learned Standing Counsel for Tclangana Medical Services Infrastructure Deveiopment Corporation, for respondent Nos.3 and 4.

4. Learned counsel for the petitioner submits that in pursuance o[ agreement with respondent Nos.3 and 4, dated 09.O5.2O23, the petitioner executed the work of procurement and installation oi IEC 2 !,K.J up i]017 2025 -I materials lo Basthi l)itu,akhanas at various places in Hyderabad and Ranga Reddy. Consequently, the Executive Engineers, TSMSIDC, llvderabad and Ranga Reddy, havc submitted bills to the ofllcc of rcspondcnt No.3 r.'ide letter, dated 19.O9.2023 for Rs.1.1.16,O0 I / , lettcr, dated 23.O4.2O24 for Rs.5,76,424 I and letter. dzrtr:rl 27.12.2023 for Rs.8,86,869/- (total amounting to Rs.2a,79,294 I ). Hou't:ve r, even after lapse of more than one year, the said amount u'as not relcased to the petitioner so far' 'I'here[t>re, Icarned coLtnsel prays this Court to direct the respondenls to releasc/pa-v the saicl amount to the petitioner u,ithin a stipulrrted pcriocl o[ timt--'

5. Lcarncd Standing Counsel for respondent Nos'3 and 4, while placing orr recorcl a copv of the proceedings, dated 15 O4'2O25' submit,s I hat responclt'nt No.3 has requested respondent No'2 to arrange amount so as Lo enablc lo make the payment to the petitioner zrnd that thc payment will be made to the petitioner after release ol Iunds from the sanctioned authority (i.e, respondent Nos. I and 2). Thercfore, prays this Court to grant eight weeks time.

6. Having rcgarcl to t hc submissions made by learned counsel for thc respcctil'e partics, this Writ Petition is disposed of directing [he r-espondcnts to release/pay an amount of Rs.28,79,294 l-, to 3 PX.J wp-8017 2025 the petitioner, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. Misccllaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/.V.KAVITHA DEPUTY REGISTRAR SECTION OFFICER To, The Princioal Secretary' Health, Medical and feiangani Secretariat, T'ank Bund Road, State of amily Welfare (F) Dept Telangana Hyder abad.

2. The Commissioner, Health and Family Welfare and Mission Director (NHM)' Telangana, HYderabad. 500 001.

3. The Managing Director, TSMSIDC, DM and HS Campus' Koti' Hyderabad' - iijriLl{, otii"i, .jfisr,,r$ioc"'riH"oilburus ca'npu., K;ti. Hyderabad, 500 4. The Superintending Enqineer, Hyderabad Circle' Telanoana State Medical

5. One CC to SRl. BIDARKAR GOPAL Advocate [OPUC] 6. Two CCs to GP FOR IVEDICAL HEALTH FW' High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD CoPies

8. One spare coPY MMB GJP { I ( oR T }lE S 14 rc o t) 1 0 itlfir tus ($(' \- ,., - :-::.--,: HIGH COURT DATED: 2210412025 ORDER WP.No.8017 of 2025 DISPOSED OF THE WRIT PETITION WITHOUT COSTS 616 12/ \