S.Rajender Sagar v. 1. 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 order more so in the nature of WRIT OF IvIANDAIVUS 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 completed the works at UPHCs Parvathi Nagar, Rs. 1 1 , 35, '1 101, for the work of Edi-Bazar Rs. 1 7, 34, 3B2l-,tor the work of Dr.Pauldas Rs.14, 74, 9261, forthe work of R.H.F.T.C. Rs. 2,53,2601- and for the work of at UPHC DBR lvlills Rs. 13, 55, 8441-,Iolally amounting to Rs.59,53,5221 due for the works executed by the Petitioner in the 3rd Respondent Corporation, as highly arbitrary, illegal and u nconstitutional, 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.59,53,5221 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 of the Petitioner for release of the amounts due i.e., Rs. 59,53,522l- for execution of the works in Respondent No.3 Corporation against passed Bills. Counsel for the Petitioner : SRt. BIDARKAR GOPAL Counsel for the Respondents No. 1 AND 2 : GP FOR MEDICAL HEALTH FW Counsel for the Respondents No. 3 AND 4 : SRI RAMA RAO GANTANNAGARI SC FOR TSMIDC The Court made the following: ORDER _w .. o THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No. 1O722 OF 2o2s ORDER: With the consent of both the parties, this Writ petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed, under Articl e 226 of Ltre Constitution of India, seeking the following relief: "...fo Iss&e a urLl or or<7er nore so in tlle nalure of WRrc Ot: MANDAMUS declaing tlle dcttolt oJ the llespondents n tl.lagmg to Lhe pctitioter aid failure to cottsider llk r(rlests of tlle Petitioner to relco.se Lhe pulJnent oJ conlpLeted the uorks ol tlPIICs Peruetlli Nagdr, Rs.j j,!lS,1IO/ , Jdr the uork of Edi-Ba.zar Rs.17,34,382/ , for the utork of Dr.pauldas Rs.14,24,926/ , for the uork of R H.F.T.C. Rs.2,53,260/- and for the uork of at UZHC DBR MiIIs Rs.13,55,844/-, tolollu ernoutltulq ro Rs.59,53,S22/- due Jor r/re ruorls executed bU tlle Petittoter it tl]r. 3..1 Respondent Corporatiott, cts hightg arbitrary, illegal and unconstitutiondl, uiolatiue of article 14, 16 a.rd. 2l oj tie Canstituhod of India a d consequentl! direct the Respondenls to consi(ler thc request of the Petitioner for rele-ase of tlrc amount of RS.S9,S3,S22/ due to the Petittoner together Loith nlerest and to /]ass...,'

3. Heard Ms.Nikita Goenka, iearned counsel representing Sri Bidarkar Gopal, learned counsel for the petitioner; learned Government Pleader for Medical & Health for respondent Nos. I and 2; and Sri G.Rama Rao, learned Standing Counsel for Telangana Medical Services Inlrastructure Development Corporation, for respondent Nos.3 and 4.

4. Learned counsel for the petitioner submits that in pursuance of agreements with respondent Nos.3 and 4, dated 02.06.2023, the petitioner has completed the works. Consequently, the concerned Executive Engineers have submitted the bills amounting to t I E o Rs.59,53,522/ for pavmcnt o[ u,orks. Hou,ever, the said amount \.as not relcased to the petitioner so far. Therefore, learned counsel prays tl-ris Court to direct the respondents to release/pay the said amount to the petitioner within a stipulated period of time.

5. Leanred Standing Counsel lor respondent Nos.3 and 4, while placing orr record a copv of thc proceedings, .drLte d lS.O4.2O2S, submits thal respondent l,,lo.3 has requested responclent No.2 to arrange amount so as to enable to make the payment to the petitioner and that the pa\.ment u'ill be made to the petitioner after release ol lunds from the sanctioned authority (i.e., respondent Nos.1 and 2). 'lherefole, prays this Court io grant eight weeks timc.

6. Having regard to the submissions made by learned counsel for the respectivc parties, this Writ Petition is disposed of directing the respondenls to release/pay an amount of Rs.59,53,522/-, to the petitioncr, as expe<litiouslv as possible, prel'erably within a period of six (6) weeks from thc d:rte of receipt of a copy of this ord er. Miscellaneous peritions pendit-rg, if any, shatl stand closed. There shall bc no order as to costs. F\ SD/.V.KAVITHA //TRUE COPY// ,\\.:l::::*iT t secrroru oFFlcER J noana.Health, Medical and Family Welfare (F) ' Tr'"r.'er;o Road, HYderabad' of Tela etariate, alth and Family \A/elfare and Mission Disrector (NHM)' The Secretary ,State Dept. Telangana Secr The Commissroner, He Telangana, HYderabad To, 1 2 i zl-- -*. --t-- ----<--*----"q- =-- 's! ! l$i: - .-. r- .,rr .+ : it,.:.

3. The t\/anaging Director, TSIVSIDC., DIV and HS Campus, Koti, Hyderabad, 500 001.

4. The Superintending Engineer, Hyderabad Circle, Telangana State l\4edical Services, Office of TSIVSIDC., ll Floor, Dtr/HS Campus, Koti, Hyderabad, 500 001.

5. One CC to SRl. BIDARKAR GOPAL Advocate IOPUCI 6. Two CCs to GP FOR I\4EDICAL HEALTH FW ,High Court for the State of Telangana. [OUT]

7. Two CD Copies 8. One Spare Copy GJP 8r \ ( f HIGH COURT ) DATED i 2210412025 ORDER WP.No.10722 of 2025 t oR lHE 57 4 o^j o o 1O JUl'| 2ffi a o P/,lta.re\) oi/ DISPOSING OF THE WRIT PETITON WITHOUT COSTS. ( k (1 h