✦ High Court of India · 30 Apr 2025

The High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,094 words

IM/s. RVM Constructions lndia Pvt. Ltd, Represented by its Authorized Signatory, Sri Pappu Gopi Naidu, S/o. P.Subba Ramaiah, aged 52 years, Occ.lManager Having its Registered Office at. H.No.1051-60-20(320), 3rd FIoor, Manjeera I\/ajestic Commercial, Kukatpally, Balanagar, Hyderabad - 500072. ..PETITIONER AND 1 The State of Telangana, Represented by the Secretary, Tribal Welfare Department, Telangana Secretariat, Hyderabad - 5O0O22- 2 t 4 5 The Chief Engineer, Tribal Welfare Engineering Department, Hyderabad, Telangana. The Superintending Engineer, Tribal Welfare Circle, Warangal, Telangana. The Executive Engineer, Tribal Welfare Division, Bhadrachalam, Telangana The Pay and Accounts Officer, Treasury and Accounts Department, Bhadrachalam, Bhadradri-Kothagudem. ...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, order or direction, more particularly in the nature of Writ of lt/landamus, declaring the action of the Respondents No.2 and 4 in not settling the final bills and not releasing the money as per the Token No.2422805819 dt.31-03-2024 for Net Amount of 52,42,5811- and Token No.2422805819 dated 21-05-2024 for a net amount of 56,'14,556/-, totaling 1 ,O8,57,137 t- for the work done under the contract Agreement No. /2016-17 dated 13-06-2017 for Construction of Residential School for Boys at Thirumalayapalem (V and It/), Khammam District (presently Bhad radri-Kothagudem District) as arbitrary, illegal and without any authority and consequently direct the Respondents No.2 to 4 to release the payment. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated rn the affidavit filed in support of the petition, the High CoL rt may be pleased to direct the Respondent No.2 to 4 to release the final bill totaling .1 ,08,57,1371- for the work done by the Petitioner Company under the coltract Agreement No. 12016-17 dated '13-06-2017 for Construction of Residenti,ll School for Boys at Thirumalayapalem (V and M), Khammam District (presently Bhadradri- Kothagudem District) pending disposal of the writ petition. Counsel for the Petitioner : SRI S.CHAKRAPANI Counsel for the Respondents No.Jto4 : GP FOR SOCIAL Vr/ELFARE Counsel for the Respondents No.S : GP FOR FINANCE & PLANNING The Court made the following: ORDER L THE HON'BLE SRI JUSTICE PULLA KARTHIK W.P.No.12368 of 2o25 ORDER: With the consent of both the parties, this writ petition is taken up for disposal at the stage of admission.

2. The writ petition is frled with the following prayer: "To issue an appropriate writ, order or direction more particularly rn the nature of Writ of Mandarnus, declaring the action of the Respondents 2 and 4 in not settling the hna-l bills and^not releasing the money as per the Token No. 2422805819 dated 31.03.2024 for Net Amount of 52,42,5a1/ and Token No. 24228Cr5819 dated 21.05.i024 for a net arnount of 56,14,556/ totaling 1.,08,57 ,137 I - for the work done under the contract Agreement No. /201617 dated 13.06.2017 for Construction of Residential School for Boys at Thirrmalayapalem (V&M), Khammam District, presently Bhadradri- Kothagudem District as a-rbitary, illegal and wrthout any authority and consequently direct the Respondents 2 to 4 lo release the payrnent".

3. Heard learned counsel for the petitioner, learned Government Pleader for Social Welfare appearing for respondent Nos.1 to 4, learned Government Pleader for Finance and Planning appearing for respondent No.5 and perused the record.

4. The learned counsel for the petitioner submits that the petitioner Compaly is a Civil Contractor and executing Government works in Irrigation, Road and Building works a-11 over India. It is further stated I '-] 2 that the petitioner u,as arvarded with the work ol "construction of Residential School for Boys at Thirumalayapalem (V&M), Khammam district,,, presently Bhadradri-Kothagudem district through the Tribal Welfare Engineering Department. The work wa s; sanctioned vide G.O.Rt.No.407 dated 16.7.2016 and further amencled by G'O Rt'No'2 dated 4. 1.20 17 with a sanctioned project cost of Rs'420 lakhs' In pursuance of the ar,r'ard, petitioner-Company executed and completed the project to the satlsfaction and certification by ttre authorities, with work performance marked as "satisfactory"' Work completion certificate was issued on'13.12.2018 and an extensLon was granted till 23.g.2O1g. The petitioner Compary has fully executed the project and submitted the bills along with necessa{/ rreasurements and certifications, but the final bill amount from Septeraber,2Ol9 has not beenreleasedbytherespondents.Itisfurtherstatedthatthe petitioner company has finally submitted bills for 1.he subject work in the office of respondent No. 5 and the bills were uploaded into the Treasury and Accounts Department vide Token No.2422805819 dated

31.3.2024 for net amount of Rs.52,42,58 1 and Tol':en No'2509378811 d,ated, 21.5.2024 for net amount of Rs.56, 14,5561-' totaling to Rs.1,08,57,1371-,bULr so far the respondents have eot released the bill 3 arnounts. Therefore, petitioner seeks indulgence of this Court, to direct the respondents to release the bill amount of Rs. 1,0g,57 ,l3Z /-. 5 The learned Government pleader appearing for respondent No.5, lnstructions, requests eight (B) weeks time to release the bill arnounts

6. Having regard to the submissions made by the learned counser for the parties and without going into merits of the matter, the writ petition is disposed of, directing the respondent No.s to release the b I amounts in favour of petitioner in pursuance of roken No.2422go5g1g dated 31.3.2024 for a"r- of Rs.52,42,5g1 and Token No.250937gg11 dated 21 .5.2024 for a sum of Rs.56,14,556/-, toraling to Rs.1,08,57,737 / , as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. Miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR SECtffio..,".* To, 1 The Secretary, Tribal Welfare Department, Telangana Secretariat, State of Telangana, Hyderabad - 50OO22. 2 The Chief Engineer, Tribal Welfare Engineering Deparlment, Hyderabad, Telanoana. 7 3 4 q 6 7 The Superintending Engineer, Tribal Welfare Circte' Wzrrangal' Telangana' The Executive Engineer' Tribal Welfare Division' Bhadrachalam' Telangana The Pav and Accounts Officer' Treasury and Accounts Department' Bhadra6halam, Bhad radri-Kothagudem' One CC to SRI S.CHAKRAPANI, Advocate lOPUCl Two CCs to GP FOR SOCIAL WFLFARE, High Court frr the State of Telangana. [OUT] I \ o8 I TwoCCstoGPFORFINANCE&PLANN|NG,HighCc'urtfortheStateof Telangana at HYderabad [OUTI Two CD CoPies. / I HIGH COURT DATED:3010412025 \ ,.--ia:r' ::-"---- -...-;;-- ', !t i ri ;.rr -\. ' r't '' ,_, 't. 0 2 SFP 2025 \-l .) I I ORDER WP.No.12368 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o

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