✦ High Court of India · 22 Apr 2025

SRl. P v. RAMANA Counsel forthe

Case Details High Court of India · 22 Apr 2025
Court
High Court of India
Decided
22 Apr 2025
Bench
Not available
Length
1,073 words

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 a Writ, Order or direction more in the nature of Mandamus declaring the action of the respondents, particularly, the 1st respondent Finance Department, in not releasing and paying the cheque amounts bearing No.2523757125 and 2523757113 for an amount of Rs.45,98,0001 and Rs.45,98,000/- total amount of Rs.9'1,96,000/- for the works executed for the financial year 2023-24 even after forwarding the same by the Pay and Accounts Office to the Finince Department and keeping the same pending indefinitely is an act of illegality and violates Article 19,21 and 300(A) of Constitution of lndia and consequently declare that the petitioner is entitled for the total amounts from the date of due till the date of realization with interest @ 14 o/o p.a.in the interest of justice lA NO: 1 OF 2025 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 issue an interim direction directing the respondents particularly, the 151 respondent Finance Department, to forthwith release and pay the amounts in respecl of Cheque Nos.2523757125 and 2523752113 for an amount of Rs.45,98,000/- and Rs.45,98,000/- total amount of Rs.91,96,000/- pending diqposal of the above Writ Petition Counsel for the Petitioner: SRl. P. V. RAMANA Counsel forthe Respondent No. 1: GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2&3: GP FOR MEDICAL HEALTH AND FAMILY WELFARE The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA I(ARTHIK ITRIT PETITION No.11541 OF 2O2s ORDER: . This Writ Petition is filed, under Articl e 226 ot Constitution of India, seeking the following relief: ".. . fo 6sue a Wit, Order or direction more in the nature ol Man lar/tus decLaing the action oJ the respond.ents, parti.ttarlg, the Ist respondent Finance Deparlment, in not releasing and paging thi cheque amounts be<tring No.2523757125 and 2523757113 for (1n amount oj ?s.<S,9A,OOO/ onrt Rs.45,98,OOO/ - total anount of Rs.gl,96,000/ - for the u.nrk_s execute(l l()r the frn^ancial gear 2O23-24 euen ifter fonuarding tnL ,"*. iy tie tug & A.tounts OJfice to the Ftra:.nc.e Department and keeping the same peiding inief rutely is otr act of ilegalitg and ulolates Article 19, 2 1 dnd 3OO(A) oj Consalution- of Iniia and consequentlA declare that tl@ petitioner is entitled for the total anou;Ls fron the date of due til.l the ddte of reali2,atbn uith tntere;t @)) 40% p.a. in the iiteresr ol justice and to pd'ss___."

2. Heard Sri P.V.Ramana, learned counsel for the petitioner; learned Government Pleader for Finance and planning for respondent No. 1; and learned Government pleader for Medical and Health for respondent Nos.2 and 3. With their consent, this Writ Petition is taken up for disposal at the admission stage itself.

3. Learned counsel for the petitioner submits that in pursuance of work orders, dated 22.05.2O23, the petitioner had completed the work of repairing and renovating the wash rooms in ladies hostel, Government Dental College and hospital premises, Osmania Medical College, Koti, Hyderabad, and submitted the bilts to the Principal, Government Dental College and Hospital, Atzalgunj, who accepted the same and forwarded to Pay and Accounts Office, I I 2 Wp- I I54l-2025 Telangana, lbr issuing cheques. Thereafter, Pa'r and Accounts Ofhce, Telar-rgana, has forwarded the same t.o the Finance Department, rvho inturn issued cheque/token nos.24522583O3 and 24522-4324 on 08.O2.2024 . Howe'rcr, the said cheques/tokens were rcjected on the ground of nc,n-availability of funds. Again the same were presented in the mc,rtth of February,

2025. and tokcn Nos.2523757125 and 2523757113 for the value of Rs.45,98,000/- and Rs.45,98,00O/- (total Rs.91,96,O00/-) were issued and tht: same are pending before the Finance Department. Horvever, even aftet completion of work for more tlvun \'/z year, the respondents have not released the said amount so far. Therefore, learned counscl prays this Court to direct the respondents to release and pa-"- thc said amount to the petitioner within a stipulated period ol timc.

4. Learncd (iovernment Pleader for respondent No.1, on instructions. submits that due to deaith of funtls, the amount could not be rclcased to the petitioner. However, prays this Court to grant six (6) weeks time to release the amount to the petitioner'

5. Having regard to the submissions made by learned counsel for the respcctivc parties, this Writ Petition is dispos,:d of directing respondent No. I to release/pay an amount of Rs.91,96'000/ - in pursuance of token Nos.2523757125 and 2523757113, as I 3 Wp I l5-{ I 2025 expeditiously as possible, preferably within a period of four (4) ..veeks from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. ITTRUE COPY// SD/. T.TIRU MALA DEVI PUTY REGIS sicnotl orrtCER .s.,Hvd to Govt' Finance DePartmen t Dr.B.R.Ambedkar to Govt. Health, Medical and FamilY Welfare al Secreta The Princip T ecretariat ' S ngana. Tela paI Secretary Department Dr.B.R.Ambe dka r Telangan a Secretariat , TS ,H Princt The The Pri nciPal Govem mentDental Colleg e and Hospital Afzu One CC toS Rl. P. v. RAMANA, AdvocateloPucl Two CCs to GP FOR FINANCE PLAN adlouTl elangana at Hvd T FOR ME GP Two CCs to Court for the State of Telangana' at Hydera bad IOUTI Hyderabad gh Court for the State of DICAL HEALTH AND FAMILY WELFARE, High lgun1, NING,Hi

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2. 3 4 5 BM HIGH COURT DATED:2210412025 ORDER WP.No.11541 of 2025 CC TODAY TitE s14 Y l',-:; 2i APB zoll 'i. . - . .: DISPOSING OF THE WRIT PETTTION WITHOUT COSTS

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