Ch. Gowri Shankar lnfra Build (lndia) Private Limited v. 1. The Principal Secretary

Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to declare the inaction of the Respondents in not releasing certified amounts for works executed under Agreement No.SE (PH)UN|T-lll TUFIDC CR No 0212022-2023 datr:d 2710412022 as arbitrary, illegal, and violative of Articles 14, 19(1Xg), and 300-A of the Constitution of lndia and direct the Respondents to forthwith release th'? amount of 88,91 ,2751- to the petitioner. lA NO: 1 OF 2025 Petition under liection 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 Respondenls to forthwith release the certified and admitted amount of Rs. 88,9'1 ,275i- under Agreement No. SE(PH) UNIT-lll TUFTDC CRNo.0212022- 2023 dated 2710412022. Counsel for the Petitioner: Ms. TEJOVANI MEGHARAJ, REP. FOR M/s. HYDERABAD LAW FIRM Counsel for the Respondent No.1 & 6: SRI K.MAHESH, AGP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2, 7 to 10: SRI T.RAMESH, AGP FOR MEDICAL & HEALTH Counsel forthe Respondent No.3, 4 & 11:.GP FOR FINANCE Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITIO N No.26836 OF 2025 ORDER: This writ petition is fited by the petitioner seeking to declare the action of respondents in not releasing certified and admitted bill amounts executed under Agreement No.SE (PH) UNIT-III TUFIDC CR No.02i2022-2023 dated,27.04.2022, as being illegal and arbitrary and consequently direct the respondents to release the amount of Rs.88,s I ,2751- to the petitioner.

2. Heard Ms. Tejovani Megharaj, learned counsel representing M/s. Hyderabad Law Firm, leamed counsel for the petitioner, Mr. K. Mahesh, learned Assistant Govemment Pleader for Municipal Administration and Urban Development, appearing for respondent Nos.l and 6, Mr. T. Ramesh, leamed Assistant Govemment Pleader for Medical and Health, appearing for respondent Nos'2, 7 to 10' J Learned counsel for the petitioner submitted that respondent No.8 invited tender for construction of Integrated vegetable and Non- Vegetable Market ComPlexes tn Wadepally and AlamPur Municipalities through Pubtic Health and Municipal Engineering 2 Departments try tender notification vide NIT No.07ISE/TLIIIDC ruNIT-IIy\,'DP-ALP/IVNVMs12O20-21 (2"d cail ) dated, 21 .05.202 t. The petitioner was declared successful bidder and he was awarded contract for construction of Integrated Vegetable and Non-Vegetable Market Compl':xes in Wadepatly and Alampur Municipalities ude Lr.No.l5lSE/TIIFIDC/LINIT-IIUI\,NVMs/WDp-ALpi202l dared

14.06.2021. C,tnsequently, agreement dated, 27.04.2022 was entered into by the petilioner and respondent No.8

4. It is subtnitted that from time to time the construction work undertaken by the petitioner was measured and certified by the competent authorities, and token numbers were generated approving the payments to be made to the petitioner. It is further submitted that respondent No.!) has forwarded the certified bills to respondent No. 10 with quality c:ontrol certificate for payment vr'dt: letter dated

16.09.2023.

5. The letter ude Lr.No.EE/QCDH/SD-I/HYD/I.BN/Alampur& Waddepally/2 023 -24-292 dated 1 6.09.2023 addressed by respondent No.9 to respondent No.l0 reveals that quality control certificate has 1 J been issued to the petitioner vide Q.C.C No.28412023-24 dated

16.09.2023 pertaining to first (1") and part bill for an amount of Rs.88,91,275l-. Subsequently, respondent No.S addressed letter to respondent No.5 - the District Collector, Jogulamba Gadwal District, vide Lr.No.ECliVeg & Non-Veg/Alampur & Waddepallyl2023/64 dated 23.09.2023 to release payment of Rs.96,13,751l- (Rupees ninety six lakhs thirteen thousand seven hundred and fifty one only) towards l" and part bill for the work 'Construction of Integrated Veg and Non-Veg Market ComPlexes tn Waddepally and Alampur Municipalities'.

6. Leamed counsel for the petitioner submitted that out of gross amount of Rs.96,13,75 1/-, the petitioner has to receive Rs.88,91,275l- towards l't and part bill payment.

7. In view of the above, the writ petition is disposed of, directing respondent authorities to release the certified and admitted bill amount of Rs.88,91,2751 (Rupees eighty eight lakhs ninety one thousand two hundred and seventy five only) to the petitioner for the works executed under Agreement No.SE (PH) UNIT-III TUFIDC CR f f t :l \! \{ No.O2l2O22-2021 dated 21 .04.2022 within a period of lour (4) weeks from the date o:. receipt of a copy of this order. There shall be no order as to costs As a sequ,:l thereto, miscellaneous applications, if any, pending in the writ petition stand closed //TRUE COPY// ASSIST S DEEPIKA GISTRAR R S c to OFFICER To,

1. The Principal Siecretary, Municipal Administration and Urb Secretariat, Hyclerabad. n Development,

2. The Principar Secretary, Public Health and [t/unicipal Department, Secretariat, Hyderabad.

3. The Principa! Secretary, Finance Department, Hyderabad. 4. The Additional Secretary, The Additional Secretary, Finance Department, Hyderabad.

5. The District Col'ector, Jogulamba Gadwal District, Telangana. 6. The Commissioner and Director of [Vlunicipal Administration, Hyderabad. 7. The Engineer-in-Ch ief, Public Health and lrlunicipal Engineering Department, Hyderabad. B. The Superintanding Engineer, Public Health, TUFIDC, UNIT-lll, lrlahbubnagar.

9. The Executive Engineer, Public Health Quality Control Division, Hyderabad. 10. The Executive [:ngineer, Public Health Division, fi/ahbubnagar.

11.The Pay and Ar;counts Officer, Gadwal.

12.One CC to t\4/s HYDERABAD LAW FlRIVl, Advocate [OPUC] 13.Two CCs to GF' FOR N/CPL ADIVN URBAN DEV, High Court for the State of Telangana at Hyderabad [OUT]

14.Two CCs to GP FOR IMEDICAL & HEALTH, High Court for the State of Telangana at Hyderabad [OUT]

15.Two CCs to Go FOR FINANCE, High Court for the State of Telangana at Hyderabad [OUT]

16.Two CCs to GP FOR REVENUE, High Court for the State of Telangana at I _ Hyderabad [OUT] \W n t*o cD copies - BSR I HIGH COURT DATED: 0810912025 ORDER WP.No.26836 of 2025 _ - .: - =l:'j:':: ':.-rrt, r :'rnr.: ---_-- - .I'.1\r //' i .s- iiir 13 [[T \, -- i.. ,_1i ,:, \.? ^ 2025 , .i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \r^