NCC Limited v. 1. State of Telangana

Petition under Article 226 ot 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 particularly one in the nature of Writ of Mandamus, declaring the failure of the Respondents in releasing amounts towards certified bills in respect of the works executed by the Petitioner including Operation and Maintenance for the work Providing drinking water to habitations in HMWSSB Segment to 1'1 Mandals in Warangal District and 1 lrlandal in Nalgonda District from HMWSSB (Metro) Segment including operation 10 years under the 'Mission Bhagiratha Scheme' by Telangana, vide Agreement No. 0212015-16, dated 26.O9.2( issuance of token numbers for payment, as being ttt unconstitutiona I and consequently. i. Direct the Respor t amount of Rs.26,68,28,9571 (Rupees Twenty Six Cror,: Twenty Eight Thousand and Nine Hundred Fifty Seven) tovt the Project against the following token numbers. 2443,1i 24434857 7 3, 2443485817, 2443485853, 2443485887, 2443 t rnd maintenance, for he Government of 15 (Projecf), despite ritrary, illegal, and ents to release an ; Sixty Eight Laths rrds certified bills for 5690, 2443485729,

35922. 2443485957, 24 43 48 5990, 2446 3 B 0 600, 2 4 46380 58 4, 25 1 224507 6, 2353i 2504176200, 2442138502, 2458361621, 2522695770 26003285 16. ii. Direct the Respondents to pay interest at 1t per annum on the amounts due under the certified bill generation of token numbers up until realization. iii. Direct henceforth release payments due to the Petitioner under t 72254, 2442138483, 2524183156 and e rate of 12 percent ; from the date of the Respondents to re Project within 14 days from the date of certification of the bill. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the ci'r the affidavit filed in support of the petition, the High Cou 1 direct the Respondents to release the admitted and Rs.26,68,28,9571 (Rupees Twenty Six Crores Sixty Eighl Thousand and Nine Hundred Fifty Seven) to the Petitir executed by the Petitioner including Operation and Main:r 'Providing drinking water to habitations in HMWSSB Segnt Warangal District and 1 Mandal in Nalgonda District fror Segment including operation and maintenance', for 10 year Bhagiratha Scheme' by the Govemment of Telangana, r O2l2O15-16, dated 26.09.20'15 (Project) against the follo'n umstances stated in may be pleased to ;ertified amount of -akhs Twenty Eight ner towards works nance for the work nt to 1'l lt/andals in HTMWSSB (Metro) ; under the 'Mission ide Agreement No. ng token numbers. 2443485690, 2443485729, 2443485773, 2443485817, 24434 )58s3,2443485887 , 2 4 43 48 5922, 24 43 48 59 57, 2 4 43 485990, 2 4 46380600, 24 4 6 3 )0584, 2512245076, 23537 7 225 4, 24 42 1 38 483, 250 4 1 7 6200, 24 421 38 502, 2 458 3 )1621 ,2522695770, I 25241 831 56 and 26003285'l 6. Counsel for the Petitioner : SRI MOHAMMED OMER FAROOQ Counsel for the Respondent No.1to6: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.7&8 : GP FOR FINANCE & PLANNING W.P.No.21557 OF 2025 Between: NCC Limited, Off. at. NCC House, [Vladhapur Hyderabad-500081, Telangana State Rep. by its Authorized Representative Mr. P. Shiva Ram ...PETITIONER AND 1 State of Telangana, Represented by the Principal Secreta and Rural Development (PR and RD) Secretariat Building Telangana. ,H Panchayati Raj yderabad,

2. The Engineer-in-Chief, Mission Bhagiratha, SRTGN Bhavan, Hyderabad 3. The Chief Engineer - lll, Mission Bhagiratha, SRTGN Bhavan, Hyderabad 4. The Superintending Engineer, MB Circle, Khammam 5. The Executive Engineer, Mission Bhagiratha Grid Division, Khammam Division, Khammam.

6. State of Telangana, Rep by the Principal Secretary, Finance Department . 7. Pav and Accounts Officer, Khammam, lntegrated District Office Complex V.V. Palem, Khammam, Telangana Secretariat Building, Hyderabad, Telangana. ...RESPONDENTS} 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 particularly one in the nature of Writ of Mandamus, declaring the failure of the Respondents in releasing amounts towards certified bills, in respect of the works executed by the Petitioner i.e., Construction of Intake well in Palair Reservoir for '17 Mandals of Warangal District and 3 MandalS bf Khammam District in Assembly Constituencies of Kharnmam, Palair, Madhira (part) and for Wyra, Madhira (Part), Sathupally (Part) Assembly Constituencies of Telangana Drinking Water Supply Project (TDWSP) including operation and maintenance for 10 years under 'Mission Bhagiratha Scheme' by the Government of Telangana, vide Agreement No. 04/20'l 5-'16, dated 15.O4.2015 - TDWSP Khammam Segment', covering '17 Mandals of Warangal District and 3 I Mandals of Khammam District in Assembly Constituencies t Madhira (part) and for Wyra, Madhira (Part), Sathup: Constituencies, despite issuance of token numbers, as bein,J f Khammam, Palair, ly (Part) Assembly arbitrary, illegal, and unconstitutional and consequently. i. Direct the Respondents of Rs. 6,94,51,6131 (Rupees Six crores Ninety Four Lakhs r hundred and thirteen only) towards certified bills beit 2443295064, 2454451423, 2524248906, 2458175:l 24 48 40 1 96 4, 24269 3 4583, 245 445 1 433, 252367 437 7, 2427 t 2508197741 , 2600346708 for the Project. ii. Direct the I interest at the rate of 12 percent per annum on the anr certified bills from the date of generation of token numbers I Direct the Respondents to henceforth release payments c o release an amount fty one thousand six ng Bill Nos. 210, ,7 , 26600346718, 57820, 2449341869, Lespondents to pay unts due under the : until realization. iii. .Le to the Petitioner under the Project within 14 days from the date of certificatior rf the bill. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir umstances stated in the affidavit filed in support of the petition, the High Court mtt' be pleased to direct the Respondents to release the admitted and certified amou r of Rs. 6,94,51,6131 (Rupees Six crores Ninety Four Lakhs Fifty one thousand si;l only) to the Petitioner towards certified bills bearing n,r 2454451423. 2524248506, 2458175287, 2660034(i 2426934583, 2454451 433, 252367 437 7, 2427 667 820, 2449i 2600346708 for the works executed by the Petitioner i.e., ' l well in Palair Reservoir for 17 Mandals of Warangal Distri, Khammam. District in Assembly Constituencies of Khamrr (part) and for Wyra, Madhira (Part), Sathupally (Part) Asserr Telangana Drinking Water Supply Project (TDWSP) inc r maintenance for 10 years under 'Mission Bhagiratha Scheme of Telangana, vide Agreement No. 04/2015-16, dated 1{ Khammam Segment', covering 17 Mandals of Warangal pistr Khammam District in Assembly Constituencies of Khamrr (part) and for Wyra, Madhira (Part), Sathupally (Part) Assemll rundred and thirteen 21O: 2443295064, 18, 2448401964, 41869, 2508197741 , rnstruction of lntake t and 3 Mandals of am, Palair, Madhira rly Constituencies of ding operation and by the Government .04.2015 - TDWSP ct and 3 Mandals of lm, Palair, Madhira y Constituencies. ----7/ Counsel for the Petitioner : SRI MOHAMMEO OMER FAROOQ Counsel for the Respondent No.1to6: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.7&8 : GP FOR FINANCE & PLANNING W.P.No.22058 OF 2025 Between: NCC Limited, Off. at. NCC House, Madhapur Hyderabad-500081, Telangana State Rep. by its Authorized Representative Mr. P. Shiva Ram ...PETITIONER AND

1. State of Telangana, Represented by the Principal Secretary Panchayati Raj and Rural Dev-elopment (PR and RD) Secretariat Building, Hyderabad, Telangana.

2. The Engineer-in-Chief, Mission Bhagiratha, SRTGN Bhavan, Hyderabad 3. The Chief Engineer - ll, Mission Bhagiratha, SRTGN Bhavan, Hyderabad 4. The Chief Engineer -lll, Mission Bhagiratha, SRTGN Bhavan, Hyderabad 5. The Superintending Engineer, MB Circle, Khammam 6. The Superintending Engineer, MB Circle, Hanamakonda 7. The Superintending Engineer, MB Circle, Warangal 8. The Executive Engineer, Mission Bhagiratha Grid Division, Khammam. 9. The Executive Engineer, Mission Bhagiratha Grid Division, Kothagudem. 10.The Executive Engineer, Mission Bhagiratha Grid Division, Hanamakonda. 1 1.The Executive Engineer, Mission Bhagiratha Grid Division, Mahaboobabad'

12.The Executive Engineer, Mission Bhagiratha Grid Division, Parkal. 1 3. State of Telangana, Rep by the Principal Secretary, Finance Department 14.Pay and Accounts Officer, Khammam, lntegrated District Office Qomplex V.V Paiem, Khammam, Telangana Secretariat Building, Hyderabad' Telangana. l5.Assistant Pay and Accounts Officer, Collectorate Warangal, 1-8-360' NH163, Balasamudram, Hanamkonda, Telangana 506001

16. Assistant Pay and Accounts Officer, DOC Complex Palwoncha-5071 1 5 1 7. Assistant Pay and Accounts Officer, District Collectorale Office, lndira Nagar, Mahabubabdd-s061 01 ,..RESPONDENTS Petition under Article 226 of the constitution of lnrri r 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 particular y one in the nature of writ of Mandamus, dectaring the failure of the Respondentr; n releasing amounts towards certified bills, in respect of the works executed by ti _. petitioner including Operation and Maintenance for the work Design, Supply, )rection, testing and commissioning of electro mechanical works with scADl, and tnstrumentation along with associated sub- station and switch gear in,; rding all connected accessories for various pumping stations located at various rlaces in Khammam, Warangal and Rangareddy District including defects liabilitl, reriod and operation and maintenance for 10 years (package-ll) under the Missic,r Bhagiratha scheme vide Agreement No. 01/20'17-18 dated 03.o4.2017 (project ) despite issuance of token numbers, as being arbitrary, illegar, and unconstitutior rl and consequen y. i. Direct the Respondents to release an amount of Rs. 3' )6,62,97gr- (Rupees Thirty seven crores six Lakhs sixty Two Thousand Nine - rndred and Seventy Eight only) towards certified bills for the project against the following token numbers. 2441036945, 2446941798, 2449137930, 24SO\tt 8111, 2458367314,, 257, 2522645838, 2600664909, 2416753704, 24167ti655, 2250446570, 2 43 47 97 6 1 5, 24206 4 4 4 43, 2 5237 32 1 6 5, 243 47 97 580, 2522 4 )7 1 6 1, 26 0o 437 S 22. 2431 3397 1 0, 245836 1 205, 25 1 51 17 1 85, 25 1 7 543486, 24 42a )34g 1, 25223353 46, 2600563835. 2450968095, 2441769499, 2358964340, 2420e M464, 2517543477, 2 43 47 97 597, 2 453 1 8 43 5 1, 24520 I 4826, 2 4 467 57 5 1 6, 2423 1 ) BO 50, 2 4 4286 5935, 2442865947, 2512429147, 2513942401, 2600431(37, 2600431973, 2448401991,2426934561 , 2523674390, 2454451445, 2427 ) \7746, 2449341916, 26002331 67, 2448 40200 4, 2426934538, 2454451 4Og, 252:\t 87 055,2427 6677 s 1, 2449341 896, 2600233 1 56, 2523287 07 6, 242637 8988, 24 4 4 2 )7 07 4, 250 436 1 327, for the Project. ii.Direct the Respondents to pay interest at t re rate of l2percent per annum on the amounts due under the certified bills from I e date of generation of token numbers up until realization. iii.Direct the Respor lents to henceforth release payments due to the petitioner under the project wi:l in .14 days from the date of certification of the bill. 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 to release the admitted and certified amount of Rs. 37,06,62,9781- (Rupees Thirty Seven Crores Six Lakhs Sixty Two Thousand Nine Hundred and Seventy Eight only) to the Petitioner towards works executed by the Petitioner including Operation and Maintenance for the work 'Design, Supply, erection, testing and commissioning of electro mechanical works with SCADA and lnstrumentation along with associated sub-station and switch gear including all connected accessories for various pumping stations located at various places in Khammam, Warangal and Rangareddy District including defects liability period and operation and maintenance for 10 years (Package-ll)" under the Mission Bhagiratha Scheme vide Agreement No. 01/2017-18 dated 03.O4.2017 ('Project), against the following token numbers. 2441036945, 2446941798, 2449137930, 2450968117. 2458367314, 257, 2522645838, 2600664909, 24',16753704, 24 1 67 5365 5, 2250 4 4657 0, 243 47 97 61 5, 24206 4 4 4 43, 25237 321 6 5, 2 43 47 97 580, 2522467 1 6 1, 2600 437 922, 2431 3397 1 0, 245836 1 20 5, 25 1 5 1 1 7 1 85, 25 1 7 5 43 486, 2442503491, 2522335346, 2600563835, 2450968095; 2441769499, 2358964340, 2 4206 4 4 46 4, 25 1 7 5 43 47 7, 2 43 47 97 597, 2453 1 8 435 1, 245208 4826, 24 467 57 5 1 6, 2 4231 9 8050, 2442865935, 2 4 428659 47, 25 1 2 429 1 47, 25 1 39 4240 1, 260043 1 96 7,. 2 6004 3 1 9 7 3, 2 4 48 40 1 99 1, 242693 4561, 252367 4390, 2 45 4 45 1 445, 2 427 667 7 46, 24 493 4 1 9 1 6, 2600233 1 67, 2 44840200 4, 242693 4538, 245 4 45 1 409, 2523687 0 5 5, 2427 667 7 g 1, 244934 1 896, 2600233 1 56, 25232d7 07 6, 242637 8988, 2 44 4207 07 4 and 2504361327. Counsel for the Petitioner : SRI MOHAMMED OMER FAROOQ Counsel for the Respondent No.1to12: GP FOR PANCHAYAT RAJ RURAL DEV Counsel forthe Respondent No.13to17: GP FOR FINANCE & PLANNING The Court made the following: COMMON ORDER IN THE HIGH COURT FORTHE STATE OF 1I LANGANA AT HYDERABAD THE HONOURABLE SMT JUSTICE T.MADII {VI DEVI \4/RIT PETITTON NOS.2I418 21557 AND 220j 8 oF 202s DATED 10.12.2025 W.P.No.2 l4l8 of2025 Between: NCC Limited. And The State of Telangana, Rep., by its Principal Secretar/ Panchayat Raj and Rural Department PR and RD, Secretariat Building, Hyderabad and Seven Others. .... Petitioner . . Respondents COMMON ORDER These Writ Petitions are filed seeking a d i ection to the respondents to release the amounts due to the peri ioner torvards certified bills in respect of the works executed by it alr,r g witb interest @ 12% Per annum

2. Since the grievance of the petitioner in these ,r rit petitions is similar, they are heard together and are disposed ol'I y way of this common and consolidated order. 2

3. Heard the learned counsel for the petitioner, the leamed Govemment Pleader for Panchayat Raj and the leamed Government Pleader for Finance appearing for the respondents and perused the entire material on record.

4. Learned counsel for the petitioner submitted that the subject matter of these writ Petitions is squarely covered by the order of this Court in W. P.No.2 1 420 of 2025, dated 21.08.2025.

5. Learned Government Pleader for Panchayat Raj, as well as the learned Govemment Pleader for Finance, has not disputed the above submission made by the leamed counsel for the petitroner'

6. In view of the above and for the reasons alike in the said order, these Writ Petitions are disposed of, directing the respondents to make the payments of the admitted bills to the petitioner, for which tokens have already been issued, within a period of eight (8) weeks from the date of receipt of a copy of this order. The said amount shall carry l interest @ 6o/" per annum from the date oflapse ofeight weeks till the date olpayment.

7. Accordingly, the Writ Petitions are disposed : . There shall be no order as to costs.

8. Miscellaneous applications, if any, pendin3 in these Writ Petitions, shall stand closed. SEI/ P.C. SULEKHA DEVI ASSI}TANT REGISTRAR \ Note : That the typographical error crept with regard to name of the petitioner in Page No.1 of the Common Order, dated 1 0-1 2- 2025in W.P.No.21418 of 2O25 and batch as "BALENA RAVI" in place of "NCC LllMlTED". The same is corrected and amended, as per the Court Order, dated 24-12-2025 in l.A.No.2 of 2025 in W.P.No.21418 of 2O25, l.A.No.2 of 2025 in W.P.No.21557 of 2025 & l.A.No.2 ot 2025 in W.P.No.22058 of 2025. This Amended order shall substitute the earlier order which has already been dispatched on 19-1 2-2025. //TRUE COPY// ST), .P.C.SULEKHA DEVI AES STANT REGISTRAR I SECTION OFFICER To, Deve opment (PR and RD)

1. The Principal Secretary Panchayati Raj and Ru Secretariat, Telangana State, Hyderabad, Telanga na 2. The Engineer-in-Chief, Mission Bhagiratha SRTGN Bhir 3. The Chief Engineer - Vll, I\/ission Bhagiratha SRTGN E I 4. The Superintending Engineer, Mission Bhagiratha Bhc District.

5. The Executive Engineer, Mission Bhagiratha Grid Divis c 6. The Executive Engineer, Mission Bhagiratha lntra Divisir 7. The Principal Secretary, Finance Department, Secretil Hyderabad

8. The Pay and Accounts Officer, Jangaon, Integrated E,i Jangaon-506167

9. The Superintending Engineer, MB Circle, Khammam 10. The Executive Engineer, Mission Bhagiratha Grid Division, Khammam. an, Hyderabad avan, Hyderabad rgir Circle, Warangal n, Janagaon. n, Janagaon. at, Telangana State, trict Office Complex, Division, Khammam --:l /,

11. Pay and Accounts Officer, Khammam, Integrated District Office Complex V.V Palem, Khammam, Telangana Secretariat Building, Hyderabad, Telangana.

12.The Superintending Engineer, MB Circle, Khammam

13.The Superintending Engineer, MB Circle, Hanamakonda

14.The Superintending Engineer, MB Circle, Warangal

15.The Executive Engineer, Mission Bhagiratha Grid Division, Khammam.

16.The Executive Engineer, Mission Bhagiratha Grid Division, Kothagudem. 1 7. The Executive Engineer, Mission Bhagiratha Grid Division, Hanamakonda. 1B.The Executive Engineer, Mission Bhagiratha Grid Division, Mahaboobabad.

19. The Executive Engineer, Mission Bhagiratha Grid Division, Parkal.

20.Assistant Pay and Accounts Officer, Collectorate Warangal, 1-8-360, NH163, Balasamudram, Hanamkonda, Telangana 506001 21 . Assistant Pay and Accounts Officer, DOC Complex Palwoncha-5071 1 5

22. Assistanl Pay and Accounts Officer, District Collectorate Office, lndira Nagar, Mahabubabad-506101

23.One CC to SRI MOHAMMED OMER FAROOQ, Advocate. [OPUC] 24.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Telangana. [OUT]

25.Two CCs to GP FOR FINANCE & PLANNING, High Court for the State o[ Telangana at Hyderabad. [OUT]

26.Two CD Copies. tp BSKw ). I t HIGH COURT DATED:1 011212025 24t1212025 1H o c) O 6 JAi\ ,) 0 I -.., :'.: .7 AMENDED COMMON ORDER WP.No.21418,21557 & 22058 ot 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS ). @- 5