The High Court · 2025
Case Details
Acts & Sections
Petition Under Articre '226 01 the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ, order or direction more in the nature of writ of Mandamus declaring the action of the ftg5p66dents in not rereasing the outstanding bi, amount of Rs. 98,88,859/_ ( Rupees Ninety Eight Lakh Eighty Eight Thousand Eight Hundred and Fifty Nine only) due towards the work of ,providing infrastructure facrrities and repairs to MppUS penravary and ZpHS penravary -/ (Boys) in Peddakothapally (M) of Nagarkurnool District' executed by the petitioner as illegal, arbitrary, malafide, unjust and contrary to the General Conditions of Contract and consequently direct the respondents to forthwith release the Outstanding bill amount of Rs. 98,88,8591 ( Rupees Ninety Eight Lakh Eighty Eight Thousand Eight Hundred and Fifty Nine only) with interest to the Petitioner. l.A.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 forthwith release the Outstanding bill amount of Rs. 98,BB,B59/- (Rupees Ninety Eight Lakh Eighty Eight Thousand Eight Hundred and Fifty Nine only) due towards the work of "Providing infrastructure faciilities and repairs to MPPUS rentlavally and ZPHS Pentlavally (Boys) in PeddakotFiapaily (M) of Nagarkurnoo District" with interest to the Petitioner. Counsel for the Petitioner : SRI S.V.RAMANA, ADVOCATE FOR M/s AKULA HARITHA Counsel for the Respondent Nos.1, 4 & 6 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2 : GP FOR EDUCATION Counsel for the Respondent No.3 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.S & 7 : G.P FOR IRRIGATION AND COMMAND AREA DEVELOPMENT The Court made the following ORDER -/ THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.23117 of 2025 ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the Respondents in not releasing the outstanding bill amount of Rs.98,BB,B59/-(Rupees Ninety Eight Lakh trighty Bight Thousand Only) due towards the rvork of "Providing infrastructure facilities and repairs to MPPUS Pentlavally and ZPHS Pentlavally (Boys) in Peddakothapall-v (M) of Nagarkurnool District" executed by the petitioner as illegal and arbitrary and to consequently direct the respondents to forthu,ith release the outstanding bili Amour-rt of Rs.98,BB,859/- (Rupees Ninety Eight Lakh trighty Eight Thousand Onlv) u,ith interest to the petitioner and to pass such other order or orders 2 Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondents No. l, 4 and 6, learned Government Pleader for trducation appearing for respondent No.2 and learned Government Pleader for Finance appearing lor respondent No.3 and learned Government Pleader for Irrigation appearing for respondents No.5 and 7 2 TMD] wp 2371r-2025 3 Learnr:d counsel for the petitioner submitted that t respondent lrlo.2 has called for tenders for providing inlrastructure and repairs to MPPUS Pentlavally and ZPHS Pentlavalll, (Eioys) 1n Peddakothapally (M) of Nagarkurnool District. Purs;uant to the same, the petitioner participated in the tender l)rocess and became successful tenderer for executing the works. Consequently, respondent No.2 entered into agreement, dated 18.05.2023 with the petitioner and work order was issued in his favour. In compliance with the same, the petitioner has executed the contract and completed 5O% of the work. Beir-rg satisfied u,ith the work, respondent No.6 had issued memos of payment detaiiing the works executed by the petitioner ani the amounts due to him. However, the said amounts were not released to the petitioner so far. Therefore, learned counsel prays this Court to direct the respondents to release the a,oresaid amounts within a stipulated period of 4 Learne d Government Pleader for Panchayat Raj has forwarded u,ritten instructions according to which, the bills passed for Rs.45,OO,245/- and Rs.53,88,614/- respectively arnd have been uploaded in the 'Mana Ooru Mana 3 TfVID.I wp_23111 2025 Badi' softu,are portal on 03.08.2022 and bills amount were sent to the State Finance Commission bv the District Commissioner, Nagakurnool District and the same are pending at the State Finance Commission
5. In view of the above, the respondent No.3 is directed to look into the matter and make the payment to the petitioner at the earliest, prelerably within a period of three (3) weeks from the date of receipt of a copy of tl-ris order along with interest f.il 6oh from thc date of passing of bi11s i.e., 03.08.2022 till the date of payment
6. Accordingly, the Writ Petition is dispos-ed of. There shall be no order as to costs.
7. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed //TRUE COPY// D/.P. PONNA KRISHNA S TANT REGISTRAR SECTION OFFICER ecretariat. Secretariat To
1. The Principal Secretary, Panchayat Raj Department, Building, Saifabad, State of Telangana at Hyderabad
2. The Principal Secretary, School Education Department, Secretariat, Secretariat Buildings, Sa ifabad, State of Telanganq at Hyderabad 3. The Principal Secretary, Fi nance Department, Secretariat, Secretariat 4 5 6 Buildings, Saifabad, State of Telangana at Hyderabad The Regional Officer, Panchay at Raj Region, Mahabubnagar, Telangana The Executive Engineer, PIU Division, Nagarkurnool, Nagarkurnool District The District Panchayat Raj Engineer, P lU Division, Nagarkurnool, Nagarkurnool District.
7. The Deputy Executive Engineer, P.R SUB Division, Kollapur. B Two CCs t6 GP FOR PANCHAYAT RAJ RURAL DEV ,High Court for the 9. Two CCs to GF FOd FINANCE AND PLANNING, High court for the State of State of Telangana. [OUT] Telangana at Hyderabad. [OUTI ,IO, TWO CCS tO r3.P FOR IRRiGATiOT NruO COIVMANIJ AREA . DEVELOPTVENT, High Court for the State of TJtingana [OUT] Hyderabad roUrl,;i,th'fld,t:il;i,'3:,f'rxlii3tlY"'ilr",,nsanaat / 11 Two CCs to rl p Fo{ EDUCATrorv, High Court rorin" Stlle oi Tetangana at 12.One CC to lr//s AKULA HAR|THA, Advocate tOpUCl 13 Two CD Copies SA BS ,1 \/v\\t i '| i \ ?2 StP 20ffi lesnnr cH9c \- I t HIGH COURT DATED:1 0l09l20?s ORDER WP.No.23111 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.