WRIT PETITION No: 1 1008 0F 2025 v. '1. The State of Tetangana

PetitionunderSe,;tionl5lCPCprayingthatintheClrcumstancesstatedin the affidavit filed in s.rpport of the petition' the High Court may be pleased to directtherespondentshereintoreleasetheamountofRs23'46'':'57l-forthwith' along with 18% interes;t, pending disposal of the above writ petition ' Counsel for the Petitioner: SRI ANDAPALLI SANJEEV KUMAR Counsel for the Respondents No. 1, 5, 6: GP FOR PANCHAYAT RAJ Counsel for the Respondents No. 2, 3: GP FOR SCHOOL EDUCATION Counsel for the Respondents No. 4: GP FOR REVENUE Counsel for the Respondents No. 7 to 9: GP FOR FINANCE & PLI\NNING The Court made the following: ORDER I THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No. 1 1008 0F 2o25 ORDE R: This Writ petition is filed under Art 226 of Constitution of India seeking the following relief/s:_ "t ,"" ...i"i.^ts "...to issue q wiit orde" o" d.irecdon more pqrticuldrlg a Writ o.f Lfo.-nd.a,mus d.ectdrtag the q.c/ron in ,rot releaslng the q.mou'lrts for the ciiil uorks'.*.irr.o un ,o" petitioler i.e., Infrastructure Deoelopment, }IlcLnacliiqiapa.isnat Primo.ry schoo,, lup,,st at Dq.koor iutog" enaor" ioiadt, sdnga Red.d.g Dtstrtct, und.er LIa: a.nd. ittes..t . o,r"*rrff -li;,{;f r::; ;;#T#'r1*:;aifl Constitution of India, qfld. consequenttg aiteci tn" ,""ptlrra"nU hereln to releq.se the amount o! Rs.23,46,457/- with 78%o inierest from the dqte ol oLctuo;l ond. due and pagment or.ilo", ,r."n other ord.er ot ord.ers in these ci"cumst..,.ces o! tne case.j. this court deems lit

2. the petitioner Learned counsel representing petitioner submits that IS a registered Class-II, Civil Contractor and Government Contracts for he has been executing several the past several years. announced (MOMB) in

3. He further submits that the Government of Telangana, has a progr€unme under Mana Ooru-Mana Badi rural areas and Mana Basti_ Mana Badi in urban areas in a phase wise manner and accorded administrative sanction vide G.O.Ms.No.4, School Education (prog-I) Department dated O3-O2-2O22, for strengthening of the comprehensive Development and 2 infrastructure of the Government and Local bodl' Schools in the State ol Telangana. He further submits that the District Collector in each District is -Iht Admin istrative Sanction Autltority for all works to be taken up :n each School. He further submits that the 4th accorded adnrinistrative sanction with an estimatr:d cost Rs 76,58,00O/- vide Rc.No.MOMB'MBMBl2O22' 2023 13616150190 1/0oo00r construction of school building (Mandal Parishac Primary School), consisting of Ground floor ald 1st Floor at Dakoor Dt.28lo6l2o22' res condent Village, Andole Mandai, Sanga ReddY District. In pursuance of the said orders, the 5th respondent herein invited t.enders on e-procurement platform, vide Tender Noti{ication HD/Tender/95412022-23, dt.19l 1Ol2o22(4th Call) of SEPR, Medak.

4. He ftuther submits that the petitioner her':in has participated in the online Tender on e-proc Lrrement platform and quoted @ 2.52% excess on estimate':l value. The petitioner being the lowest bidder, his krid was approved blz the Sth respondent ald he was issued work 3 order and a formal agreement was executed on dt.og.12.2022.

5. He further submits that as d.i. the agreement, immediately the work was commenced and completed up to ground and first floor slabs and the sarne was recorded by the then Assistant Executive Engineer, palchayat Raj Department, in the (MB) Measurement Book. He further submits that after laying first floor slab, the 6th respondent (i.e., Executive Engineer) orally instructed the petitioner herein to stop the construction work until further instruction. In these circumstances, the work was stopped by the petitioner. As such, the 6ft respondent prepared the bills and paid a sum of Rs. 10,66,04O/_ towards part payment and prepared three balance bills Rs.12,62,l8O /- t2loe/2023 i.e., dated 15/08/2023, Rs.5,19,239l_ dated and Rs.5,65,038/- dated 26/OS/2024, (for a total sum of Rs.23,46,45U-) towards payment for the and the sarne was forwarded to the completed works i.e., the Director of School Education, release of the amount. The 3.0 respondent 3rd respondent Hyderabad, for 4 also issued F und Transfer Orders (FTOs), but ti1l clate the said amounts have not been released by the resprondents herein and not credited to the account ofthe petitioner

6. He furt eer submits that the petitioner has r,:xecuted the work as f,er the terms and conditions of the .lplreement but the respondent authorities are not discharging their liabiliry in p aying the work bills as per the s':hedule. More than l8 months have eiapsed frorn the date of preparing and approving the payment, whereas,. the petitioner hat; executed the works by raising hzLn d loans from his re1 rtives and family friends and he h:rs been paying highe r rate of interest for the sarne. Ttrerefore, he seeks to issue appropriate directions to the resl ondents to make the prryment forthwith in the interest of justice. 7 . Learned Assistant Government Pleade r respondent Nos.2 and 3 submits that the Panchayat Raj the executing agency responsicle for Department overseeing the progress and technical supervision of the TS works. As pe: the established procedure, after the l:ills are raised and r;ubmitted online by the executing agenr:y, the 5 execution forwarding the FTOs Department. He Government to the Contractor. He further submits written instructions issued discontinue the initiation of Fund Transfer Orders (FTOS) falls within the puruew of the concerned District eaucitjon Offrcer, Once are approved, the District Collector will be the sarne to the State Finance Controller, of Telangala, for the release the of payments that no oral or to the Contractor to halt or of work by the panchayat Raj further submits that the project is being implemented under the Marra Ooru Mana Badi (MOMB) Programme, and as per the funding mechanism, the required funds are to be released by the State Government and it is expected that the pending bills will be cleared promptly upon receipt of the necessar5z funds from the Government. In yiew circumstances, he seeks to consider the dismiss the Writ Petition, as the delay .in payment is purely procedural in nature and. not attributable to any willful neglect or inaction on part of the respondents. of the facts and factual matrix and 6 Learned Assistant Government Pleader appea:ing for 8. Finance ancl Planning on instructions submits tlrat the amounts to the work executed total vzllr.re of Rs.38,58,583 / - and out of this amount Rs.12,O4,496/- has been released to the an arn( )unt of Contraclor and pending bill amounting to Rs.26,54,O87 l- disbursed. I-fu further submits that since being undertrrken under the "MANA OORU MANI' BADI' (MOMB) ils pilr the funding mechanism the funds a"e to be the pr,rject is is yet to be released by the State Government and the pending l.ril1s will be cleared rrpon receipt of necessary funds frrrm the Government as early as possible. The said written instructions at-e placed on record. g. In the light of the said submissions, this Writ Petition is disposed of directing the respdndents conce::led to disburse the. rending admitted bills to the petitione:: ',vithin a period of eight weeks from the date of receipt of cop"' of this order.

10. With -he above direction, this Writ Petition is disposed of. Nr costs To, ( \ \ 7 Miscellaneous petitions, pending if aly, shall stand closed //TRUE COPY// S . P.PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER nt Department, State of Telangana. State of Telangana. Jhe. Reddy District. Secretariat Buildings, Hyderabad, The State of Telangana

1. Prl. Secretary, Panchayat Raj and Rural Develo p 2. Prl- Secretary, Education Department, Secreta riat Buildings, Hyderabad, The 3. The commissioner / Director of Schoor Education, Terangana, at Lakdi-ka- 4. The District Collector, Sanga Reddy District at Sanga Reddy. 5. The Superintendent Engineer, panchayat Raj Region, Medik, at lr/edak. 6 ExecunvoErrEneer; Fancjra@JoElFet, pool, Near Telephone Bhavan, Hyderabad. Sanga 7. Prl. Secretary, Finance Department, Secretariat Buirdings, Hyderabad, The 8. Addl secretary, Finance Department, secretariat Buirdings, Hyderabad, The g' secretary, Finance Department, secretariat Buirdings, Hyderabad, The State 10.One CC to SRt ANDApALLt SANJEEV KUMAR Advocate tOpUCI 11 Two ccs to Gp FoR PANCHAYAT RAJ RURAL DEV, Higir court for the 12.rwo ccs to Gp FoR scHool EDUCATTON, High court for the state of 'l 3' Two ccs to Gp FoR REVENUE, High court for the State of rerangana at '14 Two ccs to GP FoR FINANCE & PLANNTNG, High cou( for the State of 15.Two CD Copies Telangana at Hyderabad [OUT] Telangana at Hyderabad [OUT] State of Tetangana. [OUT] Hyderabad [OUT] State of Telangana. of Telangana. BGS \ ; HIGH COURT EW, J DATED: 0210512025 \ ORDER //11.\, )\: Y :]-: L)r'i 3 20 {i\ 2$6 ( { WP.No.11008 of 2025 +.i DISPOSING OF THE WRIT PETITION WITHOUT COSTS