M/s Vinayaka Constructions v. The State of Telangana

Petition under Article 226 ol 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, challenging the action of the Respondents in not releasing the admitted amounts for completion of workS i.e., for the (1) Road from Ullampally to Bommanapally cross road of Chigurumamidi Mandal in Karimnagar District for an amount of Rs.40,23,5054 (Forty Lakh Twenty Three Thousand Five Hundred and Five Rupees Only) vide Token No.2520321860 dated 23lO7l2O2l, ard (2) Road from Sundaragiri to Ullampally of Chigurumamidi Mandal in Karinrnagar District for an amount of Rs.12,311,066/. (Twelve Lakh Thirty Eight Thousarrd and Sixty Six Rupees Only) ride Trken.trlo.245721\g4g dated 13103120i 4, and (3) Road from Cl-igururnamidi to Bommanapally of Chigurumamidi l/andal in Karimnagar District for an amount.of Rs.21,15,896/- (Twenty One Lalh Fiteen Thousand Eight Hundred and Eighty Six Rupees Only) vide Token No.2 l30 l76823 dated OSt1Ot2O23, and (4) Roac from Chigurumamidi to Peechupally of Ohigurumamidi Mandal for an amourt of Rs.12,47,943t- (Twelve Lakh Frrrty Seven Thousand Nine Hundred and Forty Three Rupees Only) vide Toker No. 243 0 1 7 67 52 dated }St 1 O t2023 forthwit 1. !A NO: 1 OF 202ri Petition urder Section 151 CPC praying that in the r;ircunrstances stated in the affidavit fil,)d in support of the petition, the High Cou.t may. be. pleased to direct the respon lents to release the pending bills i.e., (1) Fload from Ullampally to Bommanapally cror;s road of chigurumamidi Mandal in K rrimnagar District for an amount of Rs 40,23,505/- (Forty Lakh rwenty Three Thcusanc Five Hundred and Five Rupees Ony) vide Token No.2520321860 dated 23107t2O24, and (2) Road from sund rragiri to Ullampally of chigurumamidi Milndal in Karimnagar District for an am )unt of Rs.'12,38,066/- (Twelve Lakh rhirty Eight rhousand and Sixty Six Rupees Only) vide Token No.24572SSS4g dated 13/03/2024, and (3) Road from chigurunramidi to Bommanapally of chigurrrmam,di Mandal in Karimnagar District for an amount of Rs.21,1s,tig6/- (Twenty one Lakh Fifteen Thousand Eight Hundred and Eighty Six Rupees Only) vide Token No.2430'1 76823 lated 0511012023, and (4) Road from Chigurumamidi to Peechupally of crigurumamidi Mandal for an amount of Rt.12,4-r,9431(Twelve Lakh Forty Sever Th.usand Nine Hundred and Forty Three Rupees only) vide Token No.2430173752'. dated 05/10/2023 and pass Counsel for the P,:titioner: SRI THOOM SRINIVAS Counsel for the R,espondent No.1 to 4: Gp FOR FINANCE PIANNtNG Counsel for the Rr:spondent No.S & 6: Gp FOR PANCHAYAI- RAJ The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE PULLA KARTHIK ErRIT PETITION No.1O8a7 0F 2025 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 Article 226 of the Constitution of India seeking the following reliet "...to issue an appropriate Writ, Order or Direction, mere particularly one in the nature of Writ of Mandamus, challenging the action of the Respondents in not releasing the admitted amounts for completion of works i.e., for the (1) Road from Ullampaly to Bommanapally cross road of Chigurumamidi Mandal in Karimnagar District for an amount of RS.4O,23,5OS/ (Forty Lakh TWenty Three Thousand Five Hundred and Five Rupees Only) vide Token No.2520321860 dated 23.07.2024, and (21 Road from Sundaragiri to Ullampally of Chigurumamidi Mandal in Karimnagar District for an amount of Rs.12,38,066/- (T\velve Lakh Thirty Eight Thousand and Sixty Six Rupees Only) vide Token No.2457255949 dated 1,3.03-2024, and (3) Road from Chigururnamidi to Bommanapally of Chigurumamidi Mandal in Karimnagar District for an amount of Rs.21,15,886/- (T\^/enty One Lakh Fifteen Thousand Eight Hundred and Eighty Six Rupees Only) vide Token No.243O t26823 dated, O5.7O.2O23, and (4) Road from Chigurulnamidi to peechupally of Chigurumamidi Maldal for an amount of Rs.12,42,9431/- (Twelve Lakh Forty Seven Thousand Nine Hundred and Forty Three Rupees Only) vide Token No.243O176752 dated OS.rO.2O23 forthwith and pass..."

3. Heard Sri Thoom Srinivas, learned counsel for the petitioner; learned Government Pleader for Finance and Planning for respondent Nos. 1 to 4; and learned Government Pleader for Panchayat Raj, for respondent Nos.S and 6. 2 PK,J IQ-IOaa]2025

4. Lear ned counsel for the petitioner subnrits that responder t No.6 has called for tenders for execution of works for const 'uction/ repair of roads in Karimr.agar District Pursuant to lJre same, the petitioner-Comparry pa-rtioipated in the tencle r p':ocess and became successful jn tenders for executing tht: r.r,orks. Consequently, respondent No.ti entered into agret ment, dated 13.04.2023 with the petiti,rner arrd issued vro:k crder in favour of the petitioner. In ccmplialce u,ith the samt:, the petitioner has executed thr: conlract and completed the work. Being satislied with the completion of work,. tht olTice of respondent No.6 had issur:d token No.25203111860 dated 23.O7 .2024 for an arn ount of Rs.4O,23,1;O5/-, token No.2457255949 dated )3.O3 2024 for an amourt ol'Rs. 12,38,066/-, token No.2430176823 dated

05.10.2023 ior an amount of Rs.21,15,8867-, and token No.2430l','67i;2 dated 05.1O.2023 for an amount of Rs.12,47,5 431 l- towards final payment to the petitioner However. the l;aid amounts were not released to the tretitioner so far. 'll ereJbre, learned counsel prays this Onurt to direct the respcr rderLts to release the aforesaid af,no unts within a stipulated period of time. 3 PK,J wp_r08E7_2025

5. Learned Government pleader for the respondents submits that the bills pertaining to the hnal payment of the petitioner-Company are already procesSed, however, due .to 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 made by learned counsel for the respective parties, this Writ petitibn is disposed of directing the respondents to release the amounts/final payment to the petitioner_Company in pursuance of token Nos.252O321g6O dated 23.02 .2024, 2457255949 dated t3.O3.2O24, 2430t26823 dated 05.10.2023 and 2430IZ6T52 dated OS.tO.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, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/- A.V.S.PRASAD DEPUW REG]STRAR SECTION OFFICER 1 . The Special Chief Secretary to Govemment, Finance and Planning 2. The Principal Secretary to Government, Finance and Planning Department, Department, Secretariat, Hyderabad. Secretariat, Hyderabad. i To, 7 District. Secretariat, lYde,rabad.

3. The Additior al Secretary to Govemment, Finance and Plannin'3 Department, 4. The Pay an,j'Accounts Officer, Karim Nagar District Tn:asury Karim Nagar S. ine Princitrral Secretary to Govemment, Panchayitt Raj and Rural 6. The Superin:ending Engineer, P.RRegion, Karimnag^qr D skict. 7. One CC to SRI THoOM SRINIVAS, Advocate [oPUC] e. Two CCs k, GF' FOR FINANCE PLANNING, High Ccurt fo" tl-ie State of g. Two ecs tr C' roR ?nrucHRVRr RAJ, High cotrrt for the state of Developmert Deoartment, Secretariat, Hyderabad. Telangana at Hyderabad [OUTJ Telangana at Hyjerabad [OUTI

10.Two CD Colries BSR Y HIGH COU]IT DATED:1011 412025 CC TODAY I \ ORDER WP.No.10887 of 2025 /1 / I i 1E Sl4 1., i::.i: \ \ 'i ri i,ii: Z0ZS t:.: ,\ -'l !i:'/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS s \b \r{