✦ High Court of India · 10 Apr 2025

M/s. Vinayaka Constructions v. The State of Telangana

Case Details High Court of India · 10 Apr 2025
Court
High Court of India
Decided
10 Apr 2025
Bench
Not available
Length
1,270 words

Acts & Sections

Petition under Article 226 of lhe 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, challenging the action of the Respondents No. 1 to 4 in not releasing the admitted amounts for completion of work i.e., (1) Repairs to Rl/F Ganneruvaram to Yaswada of Ganneruvaram Mandal in Karimnagar District, and (2) Road from Parlapally to Chigurumamidi of Thimmapur Mandal in Karimnagar District, executed by the Petitioner, as illegal and arbitrary and consequently direct the Respondents 1 to 4 to release the pending bills i.e., for the (1) Repairs tc R/F Ganneruvaram to yaswada of Gann,:ruvaram Mandar in Karimnagar Distri ;t for an amount of Rs..l 3,62,030/- (Thirte ren Larkh sixty Two Thousand and l-hirt,7 Rupees only) vide Token No.2430177063 dated 05'10'2023, and (2) Road from parrapary to chigurumarnidi cf rhimmapur Mandal in Karimr aga' District for an amount of Rs.33,1 1 ,753/_ (Thirty Three Lakh Eleven Thou;and seven Hundred and Fifty Theft Ruper:s onry) vide Token No.2430176979 C. ted )5.10.2023, forthwith to the petitioner irccount. lA NO: 1 oF 2025 Petition und :r sr-'ction 151 cpc praying that in the ci.cumstances stated in the affidavit filec in s;upport of the petition, the High Court may b,e pleased to direct the Responr ents No. 1 to 4 to release the pending bi s i.e., for the (1) Repairs to R/F (janreruvaram to yaswada of Ganneruvaram Mandal in Karimnagar Distric fo. an amount of Rs.1 3,62,030t (Thirtee rn Lak h Sixty Two Thousand and r rirtv Rupees only) vide Token No.2 4301 77063 dated 05 10'2023' and ( 2) Road from parrapary to chiguruman idi of rhimmapur Mandal in Karimnagar District for an amount of Rs.33,1.1 ,7531 (Ihirty Three Lakh Ereven Thous;rnd {ieven Hundred and Fifty Three Rupee:; onry) vide Token No.2430176979 dat-.d 05.10.2023, forthwith to the petitioner Arcounl. Counsel for the pet,tioner: SRI THOOM SRINIVAS Counsel for the Respondent No.1 to 4: Gp FOR FINANCE pLANNtNG counsel for the Responrjent No.S & 6: Gp FoR pANcHAyAT RAJ The Court made the following: ORDER THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PTTITION No.lO 462 0F 202s 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 Artic le 226 of the Constitution of India seeking the following relief: ., "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, cnatilnging tne action of the Respondents No.1 to 4 in not releasing the admitted amounts for completion of^ work i-e., (1) Refarrs to R/F Ganneruvaram to yaswada oI Ganneruvaram i.A""aul'_ Kaar^a^gua D_istrict, and (2) Road from parlapally to Chigurumamidi of Thimmapur Mandal in Karimnagar Oistri.t, exJcutea Uy tfre Petitioner, as illegat and arbitrary ".ra "or..qr".,ity airect tne Respondents 1 to 4 to release thl pending bili" i.;l for the (1) Repairs to R/F Ganneruvaram to yaswada of Ganneruvaram Mandal in Karimnagar District for an amount of Rs. 13,62,O30/_ (Thirteen Lakh Sixty Two Thousand and Thjrty n.,p.."' Or,ty1-'..ide Token No.243O177O63 dated 05.1O.2O2S, and 1Zy Road frori 'partapatly Chigurumamidi_o-f Thimmapur Mandal irr *u,l-.rrj". Oi"t ict for an amount, of Rs.33,l l,7S3l- (Thirty Three Lakh Eleven 1.housand Seven Hundred and Fifty Three Rupees Only) vide Token No.2430176979 dated 05.1O.2O23, fortiwith to-'the t etitioner account and pass... "

3. Heard Sri Thoom Srinivas, learned courrsel for the petitioner; learned Government pleader for Finalce ald Planning for respondent Nos. I to 4; and learned Government Pleader for Panchayat Raj, for respondent Nos.5 ald 6. l i 2 PK,J lvi) 10862 -2025 :*tt ' Lear red counsel for the petitioner submits that 4. respondent Nc'.6 has called for tenders for execution of rvorks for const 'uction /repair of roads in Karimr agar District' Pursuant lo rjre same, the petitioner-Compar-ry partioipated in the ienrli r llrocess and became successful lll te nders for executing the r'r'orks' Consequently' responder't No'6 entered into agret me nt, dated 13'04 '2023 with the petitione: and uide proceedir gs, dated 13 'O4 '2023 ' work order rvas issued 1n favour cl th e : petitioner' In compliartce u,ith the same, the petitionc has executed the contract and completed the work' Being se tisfied with the completion of worl< thr: office of responrlt nt No.6 had issued Token No 243O 177O63' dated 05.1o,uC 23 for an amount of Rs'13'62'03)l- rLnd Token No.243Ol7(>979, dated 05' 10 2023 for irn amount of Rs.33, | ,7 !;3 I '. However' the said amotLnts were not Therefore, learred counsel released to the Petitioner so far ' pray! t ris Court to direct the respondentl; to release the aforesaicarlountswithinastipulatedperiodoftinre

5. l-< arn,:d Government Pleader for the iespondents submitl;thlltthebillspertainingtothefinalpaymentofthe are already processed, ltorvt':ver' due to petitior er- OomPany / 3 tlili -, -', PI{,J wp_LOa62-2025 dearth of funds, the amounts could not be released on time and prays this Court to grant six weeks time to release the said amounts.

6. Having regard to the submissions rrlade by learned cotrnsel for the respective parties, this Writ petition is disposed of directing the respondents to release the amounts/frnal payment to the petitioner_Company in , pursuance of token Nos.2430177063, dated OS. 10.2023 2430176979, dated OS.lO.2023, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. Miscellaneous petitions, if any, pending in this Writ Petition, shatl stand closed. There shall be no order as to //TRUE COPY// SD/- A.V.S.PRASAD DEPUW REGISTRAR Secretariat, Hyderabad. Secretariat, Hyderabad. Department, Secretariat, Hyderabad. SECTION OFFICER 1 . The Special_ Chief Secretary to Government, Finance and planning 2. The Principal Secretary to Government, Finance and Planning Department, 3. The Additional Secretary to Government, Finance and Planning Department, 4. The Pay and Accounts officer, Karim Nagar District Treasury, Karim Nagar 5. The . Principal Secretary to Govemment, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad. 6. The S_uperintending Engineer, P.R. Region, Karimnagar District. 7. One CC to SRI THOOM SRINIVAS, Advocate [OPUe] B. Two CCs to GP FOR FINANCE PLANNING, High Court for the State of 9. Two CCs to GP FOR PANCHAYAT RAJ, High Court for the State of Telangana at Hyderabad [OUT] District. Telangana at Hyderabad [OUT]

10.Two CD Copies- To, BSR I I I CC TODAY ,i -l \ S.IA i o {. :: I 'l ti tPil ?025 HIGH COUFIT DATED:1UA412O25 ORDER WP.No.10862 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT (]OSTS qF \ \h

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