High Court · 2025

...RESPONDENTS 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 an appropriate writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in not making payments of the admitted bills amount, in respect of the work executed by the petitioner with regard to operation and Maintenance of sewage Treatment plant at ESI Hospital, Ramachandrapuram during the Service period 01-08-20.19 to 14-08- 2024 is as highly illeigal, arbitrary, unjust, improper and violative of principles of natural justice and also violative of Articles 1 4,1 9 and 300-4 of constitution of lndia and consequently direct the respondents to pay the admitted bills amount in respect of the works e xecuted by the petitioner i.e. for execution of the .work related to Operal.ion anc fVlaintenance of Sewage Treatment Plant at ESI Hospital, Ramachand rapuram for the service Period 01-08-2019 to 14-08-202': with interest as specified in llection 16 of Micro small Medium enterprlse Devt;lopment Act, 2006 for all the bills from the date of deemed acceptance to till tlre date of its realization and also to pay the costs. lA NO: 1 OF 2025 Petition urrder se ction 151 CPC praying that in the circumstartces stated in the affidavit filerj in su tport of the petition, the High court may br> pleased To direct the respondents 1o forthwith pay the admitted bills amount in 'espect of the works executed by the lletitioner i.e. for execution of the work related to Operation and lVlaintenancr> of Servage Treatment Plant at ESI Hospitai, Ramac:handrapuram for the Service Feriod 01-08-2O19 lo 14-08-2024. Counsel for the Petitiorers: SRI ARVIND KUMAR KATA Counsel for the Respordents No. 1 & 5: Mr. MOHD. HUSSAIN' GP FOR FINANCE AND PLANNING Counsel for the Respondents No. 2: AGP FOR LABOUR Counsel for the Respo ndents No. 3 & 4: GP FOR MEDICAL HEALTH AND FAMILY WELf:ARE The Court mader the fo lowing: ORDER f/ THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1 r3t2 0F 2025 ORDER: ThisWritPetitionisfiledunderArticle226ofConstitutton of India seeking the following relief/s:- ' .. to issue an appropriate Writ or direction more particularly one in the narure Mandamus, declaring the action of the respondents in not makinR "i,r.iior ;"";;;;" oi the admitted brlls amount, in respect of the w-ork executed bv the i"ii,in.,". with regard to Operation and Maintenance of Sewage Treatment PIant at ESI Hospital, Ramachandrapuram during the Service Period oi-tlg-zc,rs b l4-o8-2o24 is as highlv illegal' arbitraw' unjust' improper and of p.i""iptes of naturat iuJce and also violatrve. of ArticLes 14' 19 and "i"fuii"" gor,t-n.ofco,,stit.rtionoflndiaandconsequentlydirecttherespondentstopay it. ,Iarnn,"a bills amount in respect of the works exelYt:d bY the peLitioner i. , io. .*".r,-" o[ the work related to operation and MainLenance of Scwage i."",-."i- p1"", at ESI Hospital, Ramachandrapuram for the service Pcriod oi_t-d iiiiq ,i v oa_zoz+ wirh.interest as specified in section 16 oI Micro ;-;lt M;,f-; enterprise Development Act, 2006 tor all the.bills from lhe date .i a""-"J ,...p,^.r." to till thc date of its realizdtior. and also to pay the cosrs arnd to pass such other order or orders - "

2. Heard Mr.Arvind Kuma-r Kata, learned counsel for the Government Pleader for petitioner, Mr.Mohd. Hussain, learned Finance appearing for respondent Nos' 1 & 5 and Mr'Krishna Swamy, Iearned Assistant Government Pleader for Labour appearing for resPondent No.2'

3. Learned counsel for the petitioner submits that respondent No.l to 3 failed to pay the admitted bills for the works executed by him. He submits that due to non-payment of money the petitioner is put to suffer severe mental agony and hardship and seeks to Pass approPriate orders' 2

4. During tlre course of proceedings, learned Assistant Governme:nt P1i ader for Labour submits that resporrdent No.2 has alrearly pro ressed the bills of the petitioner and fr rrwarded it to the ttistrict Treasury Officer (DTO), patancheruvu, who inturn forwarde I the bills without any query to the ,:oncerned; that the l oken numbers/cheque numbers were also generated and the DTO, Pe tancheru'u had put up the bills for clr:arance by the Government for efrecting payment; that the toker.L numbers were kepr. per-rrling till August, 2024 and, returnr.rd to the Superinterident, trSI Hospital by rejecting them. Ar; per the Director o1' Ins,rernce Medical Services Department, G:rvernment of rela,geLna, tl-re bills were returned due to clos,re of the financial year; tllat during the financia-l year 2,o24-2{,i the bilrs were re-su bmitt(.d b-y the Director, Insurance Medica I Services to the DTO, patancherur,r: iand the token Departmer: t Nos.2522963337 2522963347, 2522963353, 252t2g63362, 25229633e,2, 25')4310042, 2524310029 were also ge.erated in the month of October, 2024; that two more bills belonging to the current firrancial year were also passed; that the token numbers/cheque I ilrere pending for cleararce from thr:: Finance Departmen L, Go. ,ernment of Telangana represented b1, the Special Chief Se:retarv to Government, Finan ce Del.rartment. 7/ 3 Therefore, he submits that respondent No.2 is only a formal party to this Writ Petition and seeks to dismiss this Writ Petition.

5. Learned Government Pleader for Finance appearing for respondent Nos.1 and 5 submits that the case of the petitioner will be considered in a short span of time and seeks to dismiss this Writ Petition

6. Having regard to the submissions of all the learned counsel, this Court is inclined to direct respondent Nos. 1 and 5 to release the admitted biils due to the petitioner, as expeditiously AS possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order

7. With the above direction, this Writ Petition is disposed of. No costs Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// Sd/- P. PADMANABHA REDDY DEPUW REGISTRAR SECTION OFFICER To,

1. The Special Chief Secretary, Finance Department B.R. Ambedkar State Secretariat, Government of Telangana, Hyderabad

2. The Principal Secretary, Labour, Employment Training and Factories Department, B.R. Ambedkar State Secretariat, Government of Telangana, Hyderabad

3. The Director, lnsurance Medical Services, Dlt\rlS, Government of Telangana, Opposite to Gandhi Hospital, Musheerabad, Hyderabad - 03

4. The .Medical Superintendent, ESI Hospital, Ramachandrapuram, Bombay colony, Ramachandrapuram, Sangareddy District' -----7

5. District Treasurl Officer, Patancheruvu, Sangargddy District. 6. One CC to SRI ,\RVIND KUMAR KATA Advocate [OPUC] 7. Two CCs to GP for Finance and Planning, High Court for the State of Telangana. [OU l-] B. Two CCs; to GP for Labour, High Court for the State of Telangana. [OUT] 9. Two CCs; to GP for l,4edical Health & Family Welfare, High Co.rrt for the State of Telangana. [C)UT]

10.Two CD Copies BGS IVPdtv HIGH COURT DATED: 2310412025 \ ORDER WP.No.11312 <tf 2025 ;i A.T E g 4ii,' / $rril ?\jlt ?\ \:- \. ,; !. v o b + l I DISPOSING OF THE WRIT PETITION WITHOUT COSiTS $r*