Dharamsoth Ravi v. State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances statec in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of ltlandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitioner as per the bills submitted in (i) Rc No. E1IDMFT|2023- 24 dated 22-05-2024, (ii) Rc. No. E1|DMFT12022-23 rrnd 2023-24 dated 22-05-2024 and (iii) Rc. No. EI |DMFT 12023- 24 dated 28- 0B- 2024 for release of amounts to a tune of Rs. 15,93,293/- , Rs. 20,94,384/- and Rs. 4,96,1621- respectively as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by him under respondents jurisdiction. lA NO: 1 OF 2025 Petition under Section 15'1 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 1 to 3 to release and pay the amounts to the petitioner as per letters dated 22-05-2024, 22-05-2024 and 28-08-2024 forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. ADVOCATE GENERAL WRIT PETITION NO: 20301OF 2025 Betwee n: Ramalla Rama ltrlurthy, s/o. Pullaiah, lndian, aged about 48 years, Occ. Contractor, R/o. 2-130, Gopalapuram Village, Khannepalli Mandal, Khammam District. ...PETITIONER AND 1 State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 3 4 The District Collector (PIanning), Khammam, Khammam District. The District Panchayat Raj (Executive Engineer), Engineering Division (PlU Division). Khammam, Khammam District. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 ol 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 one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitioner as per the bills submitted in (i) Rc.No. E1lDMFTl2023-24 dated 20-12-2023 and (ii) Rc.No.E1/DMFT|2O23-24 dated 20-12-2023 for release of amounts to a tune of Rs. 25,91,610/- anC Rs 44,23,546/- as illegal, null, void, arbitrary and consequently direct respondents to release the payment of bills in favour of the petitioner for works core by him under respondents jurisdiction. lA NO: 1 OF 202s Petition under [iection 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, 1 to 3 to release and pay the amounts to the petitioner as per letters daled 20-12-2023 and 20-12-2023 forthwith, pending disposal of the writ petition. Counsel for the Petiti :ner: SRI K.DURGA PRASAD Counsel for the Respcndents: ADDL. ADVOCATE GENERAI.. WRIT PETITION Nt): 20305 OF 2025 Between: G. Veera Bhadra Rao, s/o. Roshaiah, lndian, aged about 55 years, Occ. Contractor, R/c. 4-1 5, Gadepadu Village" Singareni Mandal. Khammam District. ...PETITIONER AND 1 State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hycerabad. 2 3 4 The District Collector (Planning), Khammam, Khammam District. The District Panchayat Raj (Executive Engineer), Engineering Division (PlU Division), Khammam, Khammam District. The Chief Planning Officer, Khammam Collectorate. Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances statec in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitioner as per the bills submitted in (i) Rc Nc,. E7lDMFT/2O23-24 dated 28-06-2024, (ii) Lr.No.ES/DMFT- AMF 12024 dated 01-()7-2024 for release of amounts to a tune of Rs. 56,52,607/- and Rs. 3,28,1371- respectively (deducting Rs.13,00,000/- which was already paid) as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of hills in favour of the petitioner for works done by him under respondents jurisdiction. 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 direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per letters dated 28-06-2024 and 011O712024 forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. A,DVOCATE GENERAL WRIT PETITION NO: 20573 OF 2025 Between: D.Dasu Rao, S/o. Appaiah, Indian, aged about 70 years, Occ. Contractor, Rl/o. Kalakodima Village, Thallada Mandal, Khammam District. AND 1 The State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. ...PETITIONER The District Collector (Planning), Khammam, Khammam District. 2 3. The Executive Engineer, Panchayat Raj,Engineering Division (PR Division), Sattupally, Khammam District.

4. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petitlon 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 one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payment of bills for works bxecuted by the petitioner as per the bills submitted in (i) Lr. No. B1|DMFT12022-23 dated 01-03-2024 and (ii) Lr.No.B 1/DMFT12022-23 dated 06-08-2O24 and other letters for release of amounts to a tune of Rs. 17,82,4411- and Rs.52,44,886/- and other works amounts respectively, as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by him under res;pondents jurisdiction. 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 direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per letters dated 01-03-2O24 and 06-08-2024 and other letters forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. ADVOCATE GENERAI., WRIT PETITION N,f,: 20574 OF 2025 Between: D. Venkata Krishna Reddy, S/o. Prathap Reddy, lndian, Aged about 52 years, Occ. Contractrrr, Rl/o. 1-121, Arasarlapadu Village, Vemsur Mandal, Khammam Dist"ict. ...PETITIONER AND 1 State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hycierabad. 2 3 4 The District Col ector (Planning), Khammam, Khammam District. The Executive Engineer, Panchayat Raj, Engineering Division (PR Division), Sattupally, Kharnmam District. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances statecl in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more, particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the paymert of bills for works executed by the petitrrtner as per the bills submitted in (i) Lr.No. BI|SDF-2023-24 dated 0611112024, (ii) Lr.No.B1lSDF12023-24 dated 0210812024 (iii) Lr.No.B1lSDF/2O23-24 dated 2810812024 Lr.No.B1/DMFT12022-23 dated 0210812023 and (v) Lr.No.B1lDt\IFf 2022-23 dated 2810812024 Ior release of amounts to a tune of Rs. 19,34,855/-, Rs.29,1'1,493/- Rs.'19,27,8301 and Rs. 13,27,334/- and Rs.4,65,792l- respectively as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by him under respondents jurisdiction. 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 direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per Ietters dated OGl11l2O24, 02/0812024, 2810812024, 0210812023 and 2810812024 for release forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. ADVOCATE GENERAL WRIT PETITION NO: 20660 OF 202s Between: M/s. G. K. Constructions, Rep. by its Managing Partner, Ponnam Harikrishna s/o. Laxminarayana, lndian, aged about 41 years, Occ. Contractor, F/o. 3-51/1, Enkoor Village and Mandal, Khammam District. CT of Petitioner is amended as per C.O.dt.28.07.2025 in lA No.2/2025. ...PETITIONER AND 1 State of Telangana, Rep by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. z J 4 The District Collector (Planning), Khammam, Khammam District. The Executive Engineer, Panchayat Raj, Engineering Division (PR Division), Sattupally, Khammam District. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an :rppropriate Writ, order or direction more particularly one in the nature of Writ of [Vandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitioner as per the bills submitted in Lr. No. BllDl$Ff 12022-23 dated 20-01-2024 for Rs. 31,90,4971 and also issued proceedings dated 26-04-2024, 23-05-2024 and 23-05-2024 for Rs. 26,68,7191- respectively for release of amounts, as illegal, null, void, arbitrary and consequently direct the respondents to release the paynrent of bills in favour of the petitioner for w,:rks done by him under respondents jurisdiction. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci.cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per letters dated 20-01-2O24, 26-04-2024, 23-05-2024 and 23-05-2024 forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. ADVOCATE GENERAL WRIT PETITION NO: 20719 OF 2025 Between: M. Srinivas, s/o. Ramulu, lndian, aged about 41 years, Occ Contractor, Rt/o. 3-97, Barlagudem Village, Kamepally Mandal, Khammam District. ...PETITIONER AND 1 2 a 4 State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hylerabad. The District Co lector (Planning), Khammam, Khammam District. The District P;rnchayat Raj (Executive Engineer), Engineering Division (PlU Division), Khanrmam, Khammam District. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 o'f 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 one in the nature of Writ of lMandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitioner as per the bills submitted in (i) Rc. No. E1/DMFT/2022-23 dated 28-12-2023 for Rs. 32,58,4121, (ii) Rc.No.E1lDMFrl2O22-23 dated 04-01-2024 for Rs. 4,98,492l- and (iii) Rc.No.E1lDMFf 2023-24 dated 15-05-2O24 for Rs. 29,55,882/- for release of amounts, as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by him under respondents jurisdiction. lA NO: 1 OF 2025 Petition under Section '1 51 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 1 to 3 to release and pay the amounts to the petitioner as per letters daled 28-12-2023, 04-01-2024 and 15-05-2024 and other letters forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. ADVOCA,TE GENERAL WRIT PETITION NO: 20762 OF 2025 Between: M. Maheshwar Reddy, S/o. Nagireddy, lndian, Aged about 67 years, Occ. Contractor, e.Jo. 2-78, Bharanipadu Village, Vemsur Mandal, Khammam District. ...PETITIONER AND 1 State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 ? 4 The District Collector (Planning), Khammam, Khammam District. The Executive Engineer, Panchayat Raj, Engineering Division (PR Division), Sattupally, Khammam District. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the l-ligh Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of l\ilandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitrcner as per the bills submitted in (i) Lr No. 81lDMFf 12022-23 dated 25107/2024, (ii) Lr.No UlDMFr12022-23 dated 1910612024 and (iii) Lr.No.B1lSDF12022-23 dated 1910612024 for release of amounts to a tune of Rs. 38,68,598/-. Rs.5,00,000/- and Rs.19,56,062/- re:spectively as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by hirr under respondents jurisdiction. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per letters dated 2510712024, 1910612024 and 19/0612024 forthwith, pending disposal of the writ pertition. Counsel for the Pe tit oner: SRI K.DURGA PRASAD Counsel for the Resp,ondents: ADDL. ADVOCATE GENERAI- WRIT PETITION NO: 20763 OF 2025 Betwee n: I\rl. Venkat Contractor. District. Reddy, s/o PJo. 2-78, Appireddy, Bharanipadu lnd ian, Village, aged aL:'ut 55 years, Occ. Vemsur lVlandal, Khammam AND 1 2 State of Telangana, Rep. by its Secretary, Panchavat Raj Department, Secretariat, Hyderabad. The District Collector (Planning), Khammam, Khammam District. The Executive Engineer, Panchayat Raj, Engineering Division (PR Division), Sattupally. Kha rrmam District. ...PETITIONER

4. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...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 one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payment of bills for works executed by the petitioner as per the bills submitted in Lr. No. 81|DMFTl2O22-23 dated 25-07-2024 for release of amounts to a tune of Rs. 10,00,0001 out of Rs. 38,68,598/- as illegal, null, void, arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by him under respondents jurisdiction. 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 direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per letter daled 25-07-2024 forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: ADDL. ADVOCATE GENERAL WRIT PETITION NO: 21092 OF 2025 Between: Daravath Krishna, s/o. Mangya, lndian, aged about 55 years, Occ. Contractor, R/o. 1-1 -76, Bankatsingh Thanda, Dornakal, Mahabubabad District. ,..PETITIONER AND 1 State of Telangana, Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 3 4 The District Collector (Planning), Khammam, Khammam District. The District Panchayat Raj (Executive Engineer), Engineering Division (PlU Division), Khammam, Khammam District. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District. ...RESPONDENTS Petition under,\rticle 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 one in the nature of Writ of l\,4andamus declaring the action of the 'espondents in not releasing the paymenl of bills for works executed by the petitrc,ner as per the bills submitted in (i) Rc No. E'1lDMFT/2023-24 dated '18-01-2024 for Rs.19,86,4'13l- and (ii) Rc.No.E1lDVlFTl2O22-23 dated 1B-01-2024 tot Rs. 16,29,4121-for release of amounts. as illegal, null, void arbitrary and consequently direct the respondents to release the payment of bills in favour of the petitioner for works done by him under respondents.jurisdiction. lA NO: 1 OF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Courl may be pleased to direct the respondents 1 to 3 to release and pay the amounts to the petitioner as per letters dated 1B/01/2024 and 1B-01-2024 and other letters forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel forthe Respondents: ADDL. ADVOCATE GENERAL The Court made the following: COMMON ORDER ,I'IIE HON'BI,E SM'I" JUS'IICE'I" N,IADHAVI DEVI IVRIl' PETI'f ION Nos.202tt2 2028:l 2030 t 2030s 20573 20574 20660 20719 20'762 20763 and 21092 of2025 (_oNINtoN oRDt,.tt: Since, thc issue involved in all thcse \Vrit Petitions is onc and thc sanre, they are being heard together and disposed of'by way olthis conlmon and consolidated order

2. In all these Writ Pctitions. the petitioners clainr to be thc persons who are cntrusted u,ith thc works undcr DMF I Scheme- Thc gricvancc ol the petitioners is that thcy have e.\ocutcd tlre n,urks aud thc Panchayat Raj Engineer has also certifred that thcy have complcted the works and havc also recornnrcnded fbr making payrnents, but the respondents, in spite o1-rcceiving thc lund tlon'r Singareni Collieries Company, have not utilized lhe furtd I-or rnaking payments to the contractors but hai,e divcncd the lunds for other purposcs. 'lhe petitioners alleged that thc contractors rvho have executed the works subsequently also have receivcd some money, whereas the petitioners have been deprived ol the payments. 'lhus, discrirnination in payments is also alleged. ) 'I'MDJ \ry 2()282 2025 & batch 2 i. Thc leamed Additional Advocate General, appcaring fbr the rcspondents, sLrbmitted that thr: petitioners havc not filed the docurnents or tlc agrcenrents lbr all the works cntrustcd to thcrn and lcr r lvhich they arc seeking payment, but have filed docr.,rlents to show much higher ar:rounts as reccivable and thercfbre, tlre clainr ol the pctilione rs necd; r,erilication.

4. Hc subn'ittcd that the payments are going to b6 ,l,'16. ',t seriatirn as lrcr thc cnlitlcnrcnt of'the contractors who ravc cxccuted thc works. I Ie has also f umished thc copy of G.O.lvls.No.l(r, clated 0,3.07.2025 rvhi:h prescribes the guidelines for the DM In' tund and as to lrow the said tund has to be utilized

5. [{c sulrn ittct] that 70 percent of the DMI'-'f lLrnd lras to bc allocatcd to Pradl'ran Mantri Khanij Kshetra K,rlyan Yo jana (PMKKKY) rvhich is the priority area and 30 percent of thc tirnds arc to bc alloc:atr:d to thc other priority areas i.e.. lbr l'hysical lnlrastmcture, lrrigation, Energy and Watershed Devehpmcnt and any other mcasure:, lirr cnhancing environmental qualitl in the rniuing al'f'ected district and that the works which have been cxecuterl by the peti$rners and others fall under the category of other priority areas. I I I I i I IMDJ w 20282 2025 &batch He submitted that the rvorks which are claimed to have been executed by tl," p.,'r',rncrs fall under tht: catcgory of Physical lnti'astructurc

6. As regards thc grievancc of' the petitiortcrs that l0i (lrores u,hictr have been received lrom the Singarcni (lollieries Cornpany towards DMFT tund has been diverted lbr Young Skill India l{csidential Schools even though the said work has n()t even conrurcnccd ancl therefbre, thc petitioners are being deprivcrl by the nurney due to thcrn. [,earne<] Additional Advocate (ieueral subnritted that Education is one of the area rvhich lalls under the scopc of I'}MKKKY and thcre was a short f'all in utilization o['the said lirrrtl and therefore, the above mentioned amount has bceu kept aside lirr the said purpose. Ile submitted that the fund availablc as on date, will be distributed to the pctitioners and others in the orcler of their seriatirn

7. [n vierv ot'the above submissions, this C]ourt is of the opinion that the Court cannot decide as to how the DMFT funds havc to be utilized but can only direct the respondents to utilize the funds strictly in accordance with the DMFT Scheme. [t is noticed that a sLrnr of Rs. 105 Crores have already been set aside lor priority arca utilizatiorr 'fherefore, the funds which are lying in the account of the DM['I as on today, shall not be diverted for any other purposes and shall be paid \ 4 I'MI)J !'ry .1,)282 2025 & barch to the contractois in the order of their seriatim and if their works and mcasure ment books and accounts have already been ,, erified ancl thc arnou.ts to bc lraitl have becn tinalized, the palmrents shall bc rtradc immediatcly' to sucrr contractors. -I'he entirc exercisc srraU bc completed expcditiously, preferably within a period of two (02) months from tht: date of reccipt of a copy of this order. 8 With tlrc above directions, thesc Writ petitions arc disposed oL There shall l;c no order as to costs Miscellarreous applications, if any, pending in this Writ Petition, shaiI srand closcd. 5 //TRUE COPY// R ICER To,

1. The Secretar), Panchayat Raj Department, Secr Telangana. t. Hyderabad, State of

2. The District Collector, (Planning), Khammam, Khammam District. 3. The District Panchayat Raj, (Executive Engineer), Engineering Division (PlU Division), Khanrmam, Khammam District.

4. The Executivt: Engineer, Panchayat Raj. Engineering Division (PR Division), Sattupally, Khammam District.

5. The Chief Planning Officer, Khammam Collectorate, Khammam, Khammam District

6. One CC to SRI K.DURGA PRASAD, Advocate [OPUC] 7. Two CCs to ADDL. ADVOCATE GENERAL, High Court for the State of Telangana at Hyderabad [OUTJ B. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Telangana at Hyderabad [OU[

9. Two CD Copres BSR PVL t.#. HIGH COURT DATED: 3011012025 CC TODAY 'to + tl\ I i.)1) Itl !.1.r+ '\r, |lOlJ Mfr 'ij. / r-'J ..j COMMON ORDER WP.Nos.202E2., 20283, 20301, 20305, 20t:i73, 20574, 20660, 20719, 20762, 20763 and 21092 o12025 DISPOSING OF THE WRIT PETITIONS, WITHOUT COSTS 1