The High Court · 2025
Case Details
M/s VisionSpring Pnvate Limited, Represented by its Director Noopur Srivastava, D/o Ravi Prakash Srivastava Aged 41 yedrs. Office at 8-152, 3rd Floor Sector 6, Noida-20'1301, Gautam BudEha Nalar, Uitar pradesh. ...PETIT|ONER AND '1 The State of.Tel.angana, Represented by principal Secretary, Medical Health ^ and Family Wetfare Department. Secretiriat buildings. Hydtlrabad. 2 The Statejf Telangana, Represented by principal Secreiary, Finance and 3 The Commissioner, Health and Family W-elfare Department Koti, Hyderabad. 4. Telangana State Medical Services and lnfrastructu're Development' Corporation, Represented by its Director,2 floor, DM and HS Campus, Sultan lSazaat. Koti. Hyderabad. Planning Department. Secretariat buildinqs. Hvderabad. ..,RESPONDENTS 'court Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High may be pleased to issue a writ, order or direction, particularly one in the nature of writ of Mandamus declanng the illegal action of the am.respondent in not paying the due admitted bill amounts of Rs. 1 ,2'1,87,369.60/- which includes performance security deposit to the petitioner for procurement and supply of prescription eyeglasses for distribution in health camps in all districts across state of Telangana under Kanti Velugu programme in pursuance to Tender Notice No.05/TSMSIDC/EQU/Procurementl2022-23 Dated 21.11.2022, and EOt Notification No 556/TSMSIDC/EQU/KVPt22-23, Dated as illegal arbitrary and 05.02.2023 issued by the respondents, viotation of Articles ta, 19 and 21 ;f the constitution of lndia and consequently direct the respondents to pay the aforesaid admitted bills amounts including performance security. Counsel for the Petitioner: SRI K.RATHANGA pANl REDDY Counsel for the Respondent Nos.1 & 3: M/s. SWAPNA MADHURI, AGp FOR Counsel for the Respondent No.2: cp FOR FINANCE & PLANNING Counsel for the Respondent No.4: SRI G.RAMA RAO, SC FOR TSMSI MEDICAL HEALTH & FW The Court made the following: ORDER 6 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.19338 of 2025 ORDER: 'l'his writ petitron is filed under Article 226 ol Constitution of India seeking the following relief: "... Io l.ssue an appropiate rurit, order or diru'lon, more one in the nalure of Writ of Martdarrtus declctrirry tlrc iL[agaL action of the respc;ndent No.4 i1 nol ltugirtg the due urintittt:d. bi.ll amoLtnts oJ' Rs. 1,2 1,87,369.60/ tuhich include's performctnce secuitg deposit to the petiLioncr for procurement end suppLg of presciplion eyeglaises for rlislribtttion it health r:amps in all dislncls ccro.ss State oJ' 'l'clttrupna unde'r Kar i Velugu 'fertclcr Notice: proqramtne in No.05/ I.|'MSIDC/ EQU/ ['xtttLrctrert/ 2O22 23 2l. ! L2O:22, N o totflcation No.556/ '|'SMSIDC/ EQU/ KVI'/ 22 23, ciated O5 ()2.2O23 issued bg the respondents, os illegol, trrbilrartl and uiolol.ion of Afiicles 14, 19 and 21 of the Constiti.ttion of Indio ttnd rnnsequentlg direct the respondents Lo puu tlrc aforesatd utlntitted bills amounts irtcluding perforrnetl( e secLLrity ancl pass.. ." pltr.si{cr( (, t,OI Lo
2. Heard Mr.K.Rathanga Pani Reddy, learned counsel for the petitioner, Ms. Swapna Madhuri, learned Assistant Government Pleader for Mcdiczrl and l{calth appearing lor respondent Nos.1 and 3, Iczrrned Government Pleader for Finance and Planning appearing for respondelll No.2, learned Standing Counsel for respondcnt No.4 \:-!l 2 SK,J W.P.No.19338 of 202S
3. Learned counsel for the petitioner appeared through online mode and submits that the petitioner had supplied spectacles to the respondent No.4 as per the purchase order vide Po.No.459l556/TSMISDC/E;eU/2022_23 dated 24.02.2023 of the respondent No.4. The respondent No.4 has to pay a balance amounr of Rs. 1,2I,87,369.60/- (admitted bill amount of Rs. 1 ,18,26,169.60 /- and performance security deposit amount of Rs.3,6 l,2OO I - as on date. Despite repeated requests, the said balance amount is not being paid to him. He submits that the petitioner is in severe fina,ciar crisis and due to non-payment of money he is put suffer mental agony and hardship. Therelore, he seeks to pass appropriate orders.
4. Learned Government pleader for Finance and planning appearing for respondent No.2 submits that respondent No.2 is only proforma party to this Writ petition ald seeks to adjudicate the matter on merits. SK,J W P.n'o 19338 of 2025
5. Learned Standing Counsel lor respondent No.4 seeks short span of time to pay the balance amount due to the peti tioner
6. Herving regard to the submissions ol all the learned counsel, this Court deems it appropriaJe to direct respondent No.4 to rc:lease the admitted bilt amounts including perlormance security due to the petitioner, as expeditiously as possible, preferably, wjthin a period of (12) u,eeks from the date of receipt of copy of this order.. With the above direction, this Writ petition is disposed 7
8. Miscellaneous petitions, if an,v, pending shall stand clo sed. I I !t It * * 4 4 3 I To 1 2 J 4 5 L' 7 8 o PSK. //TRUE COPY// 'F SD/-A.V.S. PRASAD EFUIY REGISTRAR -/ \/ bL;; N OFFICER The Principal Secretary, Medical Health and Family Wllfare Department, Secretariat buildings. Hyderabad, State of Telangaha. The Principal Secretary, Finance and Planning D-epartment, Secretariat buildrngs, Hyderabad, State of Telangana. The Commissioner, Health and Family Welfare Department Koti, Hyderabad. Telangana State Medical Services anil lnfrastructure Development- Corporation, Represented by its Director,2 floor, DtVl and HS Campus, Sultan Bazaat, Koti, Hyderabad. One CC to SRI K RATHANGA PAN| REDDY Advocate tOpUCl Two CCs to GP FOR MEDICAL HEALTH & FW, Hiqh C6urt for fhe State of Telangana. at Hyderabad IOUT] Two CCs to GP FOR FINANCE & pLRrurutruC, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI G RAMA RAO, SC FOR TStVSt tOpUCl Two CD Copres ^ ,.vtY\, I ! * 3I * * * * t * i ! I I I I I i HIGH COURT DATED:0810712025 \ I ORDER WP.No.19338 of 2025 o o 1\ R I |lE -c i; (: ( 4 TUO M l-. ' ./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (F ( v)