The High Court · 2025
Case Details
Acts & Sections
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 a order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents more particularly Respondent No.2 in not considering the Petitioner's Legal Notice cum Representation Dt. o4lo1t2o25' with regard to the payment of Rs. 82,s8,9741- (Eighty Two Lakhs Ninty Eight Thousand Nine Hundred and Seventy Four only) in which I am entitled toanamountofRs.TT'45,920/-(SeventySevenThousandFourtyFive .e:::rxffir=1i:.y Thousand Nine Hundred and Twenty after deducting an arlount of Rs. 5,53,054/- towards 5( b) recoveries which is approved and bill is erlso passed along with interest alias 12i percent per annum due to the petitioner hr,rrein for works done by the Petitioner in Pursuance to the Agreement Bond No TSIV/S IDC 12022-2023 Dt.1Ol2O22, virie Tender Notice No.15-14/TStVSIDC/ f ech 12022-23 Dated 18logl2o22 as llegal and arbitrary action on the part of th,,r 2nd Respondent, and also violative ol Ar1.,14,16,19 and 21 of the Constitution-of lndia and consequently direct the Respondent No. 2 to consider the Legal Notice (.)um Representation dt. 0410112025 an ,amount of Rs. 82,98,974l-(Eighty Two Lakhs Ninty Eight Thousand Nine Hundred and Seventy Four Only) and release the said amount forthwith to the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the :;ircumstances stated in the affidavit fileJ in support of the petition, the High Court r'ray be pleased to issue a direction, directing the 2nd Respondent herein to forthwith consider the Legal Notice Cum Representation Dt.04lO1l2O25 with regard to the release of an amount of Rs.77,45, 9201 Seventy Seven Thousand Fourty Five T housand Nine Hundred and Twenty /- at the nominal interest alias 12 percent per annufir till the payment to the Petitione,r forthwith pending disposal of the Writ Pr,:tition n the interest of justice. Counsel for the Petitioner: SRI SRINIVAS REDDY BADDI\M Counsel for the Respondent Nos.'l and 4: GP FOR MEDICAL HEALTH FW Counsel for the Respondent Nos.2 and 5: SRI RAMA RA() G.SCI Counsel for the Respondent No.4: GP FOR FINANCE The Court made the following: ORDER THE HON'BLE SRT JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.19164 of 2o25 ORDER: This Writ Petition is filed with the following prayer: "...to declare the action of the respondents, more particularly respondent No.2 in not considering the petitioner's Legal Notice-cum-Representation, dt.O4.Ol.2O25, with regard to payment of Rs.82,98,974/- in which I am entitled to an amount of Rs.77,45,920 l- alter deducting an amount of Rs.5,53,054/ - towards 5(b) recoveries which is approved and bill is also passed along with interest @ l2%o per annum due to the petitioner herein for works done by the petitioner in pursuance to the Agreement Bond No.../TSM/SIDC/2022-23, Dt...rOl2022 uide Tender Notice No. 1 5- 1 4 /TSMSIDC/'tech I 2022-23, Dated 18.O9.2022, as illegal and arbitrary action on the part of the 2"a respondent and also violative of Articles 14, 16, 19 & 2l of the Constitution of India and conseqr-rently direct the respondent No.2 to consider the Legal Notice Cum Representation, dt.O4.Ol .2025 an amount of Rs-82,98,974 / - ar;d release tl.e said amount forthwith to the petitioner and to pass such other order....." i I I i l
2. When the matter is taken up for hearing, none appeared for the petitioner. Heard learned Government Pleader for Medical, Health & Family Welfare appearing for respondent Nos. 1 & 4, learned Standing Counsel appearing for respondent Nos. 2 & 5, and perused the record. .!a. _!l 2
3. l,earned Standing Counsel appearing for respondent Nos.2 ,1 5 has placed before this C,rurt, written instructrons, dt.3o.O7.2025, under the signar.ure of the 5t' respondent.
4. By the written instructions, it is stated that towards gross a-mount including the Corporation r\dministrative Charges, a PD cheque bearing No 2524123791, dt.05.03.2025 was generated to facilitate the paymr:nt; that due to 1.he end of the financial year 2024-2025, alt the pending PD cheques need to be generated after budget adjustment in PD account under the serme F{ead of Account; that in the budget adjustment agairlst the l"t quarter release of Rs.41 crores, Token No.26CO446|11 1 was generateC on 28.05.2025; and that soon aftr,:r the budget adjustment, cheque will be re-generated and sent to Finance lor payment.
5. The aforesaid written instructions ar e placed on record.
6. Harring regard to the above, the Wrjt petition is dispgsed of directing the respondents to settle the matter by making payment to the petitioner, within a period of four (04) months from the date of receipt of a copy of this order. No order as to costs.
7. Consequently, miscellaneous petitions pending, if any, shall stand closed. S /.K.BHAVANI SWAMY S ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To, edical and FamilY ngs, Saifabad, 1 . The Prl., Secretary, The State of Telangana, Heal Welfare (F) DePt., D r. B.R. Ambedkar Secretariat B UI di Hvderabad. 2. Til;vil":chairman and Managing Director, The Telanoana state Medical Services and tnfrasrructu;;'D;V"i;p*;;i-Cbrporation, iAn Enterprises of Govt., of Telangana) Sultan-Bazar (Koti)' H yd^era.Dao ' e. ih;'P;i s""t"t-u.vFinanct'o"pa't'iitnt, rnt' State of relangana' Secretariat 4 i#?;fs;;tialiillartn Department, rhe State of relangana' secretariat Buildings HYderabad 5. The Executive Engineer, Office of Telangana State Medical Services and - i;i;ttiiltrre Dev"elopment Corporation'"(An Enterp-rises of Govt ' of +;t;il;;;i HN"i. ai-toit ' DIr'4'and Ho campus ' Shivarampallv' RaienEranigar' R.R.District' Buildinos Hvderabad o iiiJ'c"c*to 'sti'stiniuu. Reddv Baddam, Advocate [oPUCl 7. Two CCs to Gp ro, rv"iiljH"Ziiitr*irv w"ttire,'High Cburt for the State ' ' of Telanoana. at Hvderabad [OUT] a one-CC"to Sri Rama Rao G., SCIOPUCI 6: iil d6 i; iii.; Cp io|. rinun'"", Argh Court for the State of Telansana, at Hyderabad[OUT] '10. Two CD CoPies ,,% HIGH COURT DATED:0610812025 ORDER WP.No.19164 ot 2025 -- o ,(:, 1l:i sEP 206 {' o€ PArC., 1 : r... ;' \.i ,. i,(''\ -t .1:i .. /j ':' --,/ i,' i I DISPOSING OF THE WRIT PETITION WITHOUT COSTS {