High Court · 2025

Counsel for the Petitioner: M/s. HYDERABAD LAW FIRM Counsel for the Respondent No.1 & 4: SRI A.SRINIVAS, GP FOR MEDICAL T EALTH FW Counsel for the Respondent No.2, 3 & 10: GP FOR FINANa - & PLANNING Counsel for the Respondent No.S to 9: SRI RAMA RAO G,l {TANNAGARI, SC FOR TGMIDC The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.266 10 of 2025 L6.L2.2025 Between: Yavvari Shankar Rao AND The State of Telangana& nine others ORDER: ... Petitioner ...Respondents Heard Sri A. Srinivas, learned counsel for the petitioner; learned Government Pieader for Medical, Health arrd Family Welfare, for respondent Nos. 1 and 4; learned Government Pleader for Finance Planning, for respondent Nos.2, 3 and 10 and Sri Rama Racr Gantannagari, learned Standing Counsel for Telangana Medical Infrastructr.rre Development Corporation, learned counsel for respondent Nos.5 to 9.

2. Learned counsel for the petitioner submits that the petitioner is a class-I civil contractor who undertook construction works relating to upgradation of PHC Boath from 6 bedded to 5O bedded CHC in I I I Z Adilabad District pu^ suant to Agreement No.1!( tTSMrDCl2022-23 dated O9.03.2O23. He submits that the petrri ner has executec substantial portron of the work and submitted the lihand 5rh part bills which were duly measured, verified and certifiec by the competenl authodties. He submits that the (tt, part bill i r a gross value oi' Rs.1,19,09,842 I w-as certified on 08.01.2025 ar.rl a gross value of Rs. I ,55,2O,823/ - u,as certtf r aggregating to a total net amount of Rs.2 ,7 4 ,3( the 5rh part bill for. c on 3 I .O5.2O25 . 't65/-. He submits that despite certification and admission of the b I s, the respondents have failed to release the said amounts till date rr i, h out assigning any valid reason. He further submits that non-paynL n t of the admitted amounts is arbitrary and violative of Articles 14, t(1)(g) and 3OO-A ol the Constitution ol lndia and that the petitione . rs suffering severe financial hardship due to the inaction of the respo: len ts.

3. Learned counsel for the respondents doc not dispute the execution of the works by the petitioner or the :ertificat.ion of the aforesaid 4th and 5tt. part bills by the competcrr authorities. They further submit that the aforesaid bills are und e r process at higher 3 f t Ievels and payment could not be released ciue to administrative reasons and procedural formalities

4. This Court has considered the submissions of both sides and I perused the material placed on record. It is not in dispute that the petitioner executed the w,orks under the aforesaid agreement and that the part bills in question u,ere dul)'measured, verified and certified by the competent authorities. Once the bills are certified and admitted, the respondents are under a legal obligation to release the payment within a reasonabie time. Withholding of admitted and certified amounts wjthout any legal impediment. stay order or statutory bar is arbitrary and unsustainable.

5. Accordingly, the Writ Petition is disposed of directing the respondents to release the admitted and certified amount of Rs.2,74,3O,665/- (Rupees Two Crores Seventy Four Lakhs Thirty Thousand Six Hundred and Srxty Five Only) towards the 4*' and 5th part bills submitted by the petitione., along with interest, if any, within a period of eight (B) weeks from the date of receipt of a copy of this order. No costs. 4 Pending miscellaneous applications, if r n_v, shall stand closed. To, /iTRUE COPY// sDi-s.l TALLTKARJUNA RAO \ AFsi',rrANr REG|STRAR .,- I SECTION OFFICER {

1. The Principal Secretary, I\4edical and Heal Hyderabad, State of Telangana T )P: rartment, Secretariat,

2. The Principal Secrelary, Frnance Depa(ment, Secre'z of Telangana. 'iat, Hyderabad, State

3. The Additional Secretary, Finance Department, for th: Secretariat, Hyderabad. State of Telangana at

4. The Commissioner, National Health lvlission (NHl4 Welfare, Hyderabad. , Health and Family

5. The tt/anaging Director, Telangana State Medical I Development Corporation(TS IVSIDC). ervices lnfrastructure

6. The Chief Engineer, Telangana State ttiledical S Development Corporation, Hyderabad

7. The Superintendent Engineer, Telangana Stah lnfrastructure Development Corporation Circle Warang i 8. The Executive Engineer, Telangana State l\rledical r Development Corporation, Rajiv Gandhi Institute of M,: Adilabad. :rvices lnfrastructure Medical Services ,ervices lnfrastructure rcal Sciences Division

9. The Deputy Executive Engineer, Telangana St: lnfrastructure Development Corporation, Rajiv Ganril Sciences, Division Adilabad. e Medical Services i lnstitute of Medical

10. The Pay and Accounts Officer, Adilabad. 1 '1 . One CC to I\,4/s. HYDERABAD LAW FIRIVI, Advocate [ri 12.One CC to SRI RAMA RAO GANTANNAGARI, SC FCI 13.Two CCs to GP FOR MEDICAL HEALTH FW, Higt- Telangana at Hyderabad [OUT]

14.Two CCs to GP FOR FIANANCE & PLANNING, Higr Telangana at Hyderabad [OUT] ,UC] IG|\illDC IOPUCI lourt for the State of Court for the State of 1 5. Two CD Copies BSR GJP HIGH COURT DATED: 1611212025 ORDER WP.No.26610 of 2025 c o ?u\ * i r.iE SIA li,r! Ll ._ rl ) it ( Sr-:qrct-. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I a) CX' 1a\ %r*€