WRIT PETITION NO: 11068 OF 2025 v. 1. The State of Telangana

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 herein to release the amount of Rs .15,91 ,7951 -, forthwith, along with 1B% interest, pending disposal of the above writ petition. Cou nsel 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 & PLANNING The Court made the following: ORDER o THE HON'BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No 11068 0F 20.25 ORDER: This Writ Petition is filed under Art 226 of Constitution of India seeking the following relief/s:- 'schoot"

4...to ksue o wrlt o"der o,' directlon mote pdrtlcularlg a Writ oJ Mdl,.dqi.nus declarlag the dctlor1. of the iespondents ln not releaslng the q.../lou'.t's Jor the ctull tDorks executed b! the petttlonZt 1.e, Inlrclst'uctttre DeueloPment, lfiandal,-PtaJapartshat 'u;;;; *rr-r! (MPWS) a1 ag,rr.slyoatlu vittqse' A^dote -fiiiat sqnio Reddy Distt'ict, Ihdet Mdn@-oo'1t Mdnda B@dl schetne, as oiblt ory and tllegat d^d otoldtlve oJ Arttcle-74'19(1b and 27' o! the co;tttutton oj nau, a/.d cotseQuentllt ditect the n"pondint" herelr. to teleai the lmount of Rs'15'91'795/- ulth lA;1" tntere* lrom the date oJ qct:u;a,l due qad pdgtnent and pass such othet order or ordets 4s thts Court deefis l7t h these cl'cumstd,.ces o! the cdse. ' ' '"

2. Learned counsel representing petitioner submits that the petitioner is a registered Class-II, Civil Contractor and he has been executing several Government Contracts for the past several Yea-rs

3. He further submits that the Government of Telangana, has announced a prograrnme under Mana Ooru-Mana Badi (MOMB) in rura-l 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 03-02-2022' for comprehensive Development and strengthening of the 2 infrastructure of the Government and Local body Schools in the State of Telangana' He further submits that the District Collector in each District is -the Administrative Sanction Authority for all works to be taken up in each School. He further submits that the 4ft respondent accorded administrative sanction with an estimated cost of Rs.43,27 ,226 I - vide Rc.No.MOMB -MB}IIB /2022- 2023136761500402/OOOOO 1 Dt.oS lOl /2022, construction of school building (Mandal Parishad Upper Primary School), consisting of Ground floor ald 1"t Floor at Ramsampally Village, Andole Mandal, Sanga Reddy District. In pursuance of the said orders, the Sth respondent herein invited tenders on e-procurement platform, vide Tender Notification HD/Tender/967 /2022- 23, d,L.lg I lO /2o22(5th Call) of SEPR, Medak with estimated cost of Rs.38,45,470/-

4. He further submits that the petitioner herein has participated in the online Tender on e-procurement platform and quoted @ 4.2Yo excess on estimated value. The petitioner being the lowest bidder, his bid was ) 3 approved by the 5th respondent and he was issued work order and a formal agreement was executed on dt.20.or.2023.

5. He further submits that as per the agreement, immediately the work was commenced and completed up to ground floor and the same was recorded by the then Assistant Executive Engineer, Panchayat Raj Department, in the (MB) Measurement Book. He further submits that aJter layrng ground floor slab, the 6rh respondent (i.e., Executive Engineer) orally instructed the petitioner herein to stop the construction work until further instruction. In these circumstalces, the work was stopped by the petitioner. As such, the 6th respondent prepared the three part-bills i.e., Rs.9,23,233/- dated 15.08.2023, Rs.3,06,642 /- dated 12.O9.2023 and Rs.3,6 1, 92O / - d.ated.

12.08.2024 (for a sum of Rs.15,91,795/-) towards paJ,.rnent of the completed works and the s.une was forwarded to the

3.d respondent i.e., the Director of School Education, Hyderabad, for release of the amount. The 3.a respondent also issued Fund Tralsfer Orders (FTOs), but till date the 4 -- said amounts have not been released by the respondents herein and not credited to the account of the petitioner.

6. He further submits that the petitioner has executed the work as per the terms and conditions of the agreement but the respondent authorities are not discharging their liability in paying the work bills as per the schedule. More thal 18 months have elapsed from the date of preparing and approving the pa]T nent, whereas,, the petitioner has executed the works by raising hand loans from his relatives and family friends and he has been paying higher rate of interest for the same. Therefore, he seeks to issue appropriate directions to the respondents to make the payment forthwith in the interest of justice.

7. Learned Assistant Government Pleader appearing for respondent Nos.2 and 3 submits that Panchayat Raj Department is the executing agency responsible for overseeing the progress and technical superrision of the works. As per the established procedure, after the bills are raised and submitted online by the executing agency, the initiation of Fund Transfer Orders (mOS) falls within the 5 purview of the concerned District Education Ofhcer, once the FTOs are approved, the District Collector will be forwarding the same to the State !'inance Controller, Government of Telangana, for the release the of payments to the Contractor. He further submits that no oral or written instructions issued to the Contractor to halt or discontinue the execution of work by the Panchayat Raj Department. He further submits that the project is being implemented under the Mana 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 necessary funds from the Government. In view of the facts and circumstances, he seeks to consider the factual matrix ald dismiss the Writ Petition, as the delay in payment is purely procedural in nature ald not attributable to arry willful neglect or inaction on part of the respondents.

8. Learned Assistant Government Pleader appearing for Finance and Planning on instructions submits that the ),^ 6 tota-l value of the work executed amounts to Rs. 15,9 1,795 l- ^nd He further submits that since thq . project the same is yet to be disbursed 1S being undertaken under the "MANA OORU MANA BADI" (MOMB) as per the funding mechanism the funds are to be released by the State Government and the pending bills will be cleared upon receipt ol necessary funds from the Government as early as possible.

9. In the light of the said submissions, this Writ Petition 1S disposed of directing the respondents concerned to disburse the pending bills to the petitioner within a period of eight weeks from the date of receipt of copy of this order

10. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous Petitions, pending if any, shall stand closed. ,TRUE COPY// Sd/. P.PONNA KRISHNA TANT REGISTRAR SECTION OFFICER

1. Prl. Secretary, Panchayat Raj and Rural Develo pme Secretariat Buildings, Hyderabad, The State of Telang 2. Prl- Secretary, Education Department, Secreta riat Buil Depa rtment, ana. dings, Hyderabad, The State of Telangana pool, Near Telephone Bhavan, Hyderabad.

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, Medak, at Medak. To of Telangana. Reddy District. State of Telangana. State of Telangana. 6 The Executive Engineer, panchayat Ral Division, Andole, at Jogipet, Sanga 7. Prl. Secretary, Finance Department, Secretariat Buildings, Hyderabad, The B. Addl Secretary, Finance Department, Secretariat Buildings, Hyderabad, The 9. Secretary, Finance Department, Secretariat Buildings, Hyderabad, The State 10 One CC to SRt ANDAPALL| SANJEEV KUMAR Advocate tOpUCl '1 I Two CCs to cp FORPANCHAYAT RA.j RURAL DEV, High Court for the 12. Two CCs to Gp FOR.SCHOOL EDUCATTON, High Court for the State of _ ^ 13. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at 14.Two CCs to Gp FOR.F|NINCE & PLANNING, High Court for the State of . _ Telangana at Hyderabad [OUT] '15. Two CD Copies Telan_gana at Hyderabad [OUT] State of Telangana. [OUT] Hyderabad [OUT] BGS I HIGH COURT EW, J DATED: 0210512025 \ ORDER WP.No.11068 of 2025 t ( ( /i: d 2oilN uE * i:::- ,.---:----' :.' l\ I ,r_,,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9e