High Court · 2025

Judgment

1. 2 3 4 The State of Telangana, rep. by its Secretary, Education Department, Secretariat, Hydera-bad'SOO OZb Director of School Education and Ex. officio, state project Director, samagra Shiksha, Hyderabad District, Telangana Siaie. The District Educational Officer, and Ex-Officio, District project Officer, Samagra Shiksha, Hyderabad The District collector and District Magistrate, Hyderabad District, collectorate Complex, Lakdi-ka-pool, Hyderabad ISOO OO+-' - -

5. The Executive Engineer,. TGEWIDC, District collectorate comprex, 8-301 and gg?, 3rd Ftoor, Sn"eha sirverJuoitee'an"ia,i,Gi,-oi-tr+oor, iio.iru"i-_'s6o 004. ...RESPONDENTS

Petition under Article 226 of the 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 especially in the nature of mandamus declaring the action of the Respondents 2 to 5 in not setfling the petitioner's final bills for execution of the work namely Repairs and Renovation to GHS NBT Nagar (Gowliguda, Banjara Hills, Shaiketpet (M), Hyderabad, M. corporation (v), Hyderabad under MOMB-MBMB Scheme - U Dise cocte 36220790229, covered by agreement No. 4g of 2022-23 dated 2o.o1 .2023 as illegal and arbitrary and therefore consequently direct the Responde,nt 2 to settle the final bill for the subject work and make the payment immediately lA NO: 1 OF 2024 Petition under section 151 CPC praying that in the circumstarrces stated in the affidavit filed in support of the petition, the High Court may be ple lsed to direct the respondents to 2 to 5 to settle the final bill for the subject work covered by agreement No.4812022- 23 dated 20.01 .2O23 and make :he payment immediately pending disposal of Writ Petition. Counsel for the Petitioner: SRI P. U. BHASKARA RAO Counsel for the Respondent Nos.1 to 3: AGP FOR COOPERATION Counsel forthe Respondent No.4: AGP FOR REVENUE The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRITPETITION No .3 o46 F2 o24 o RDER: Heard Sri p.U.Bhaskara Rao, learned counsel appearing on behalf of the petitioner, tearned Assistant Government pleader for School Education appearing on behalf of the respondent Nos. 1 to 3 and learned Assistant Government pleader for Revenue appearing on behalf of the respondent No.4 2 The petitioner approached the Court seeking the prayer as follows: "......to issue a Writ, Order or direction more especially in the nature of mandamus declaring the action of the Respondents 2 to 5 in not setfling the petitioners final bills for execution of the work namely Repairs and Renovation to GHS NBT Nagar (Gowliguda, Banjara Hills, Shaiketpet (M),Hyderabad, M. Corporation (V), Hyderabad under MOMB-MBMB Scheme _U Dise Cocle 36220790229 covered by agreement No. 48 of 2022-23 dated 20 OI.2023 as illegal and arbitrary and therefore consequenfly direct the Respondent 2 to 5 to setfle the final bill for the subject work and make the payment immediately and to pass...,. 2 3 The case of the etiti r f as per the averme nts madeln the affidavit fil ed rn sut,Dort of the Dresent Writ Petition is as under a) It is the case of the petitioner that, the petitic'ner is a registered Civil Contractor, and participated in tender process, invited by Respondent No. 4 through online Tender nctice vide No. proceedlng 2023/36220790229|OOOOO1, dated 18.01.2023, fo- tender works namely "Repairs and Renovation to GHS NB't Nagar, MOMB-MBiV 8/2022- (Gowliguda, Banjara Hills, Shaikpet, (M), Hyderabad.'' b) It is further the case of the petitioner that the Fretitioner emerged as a successful bidder and he was allotted the said tender. Subsequently, the Respondent No.4 entered into an agreement with petitioner vide agreement No. 48i2O22-23 dated 20.01.2023. c) It is further the case of the petitioner that the l)etitioner completed the allotted tender work by the nronth of September, 2023, in accordance with the terms and conditions of the said agreement. Subsequently, the same was confirmed by the authorities while duly measlring and J recording the concluded tender work in measu remen t book, raising no disputes against the petitioner. Further, the possession of the building was given to the school authorities. d) It is further the case oF the petitioner that the Respondent authorities failed to ctear the bills by paying the amount around 34,OO,OOO/_ to petitioner since the petitioner had successfully completed the tender works. Aggrieved by the same, the petitioner had made several representations to the respective authorities, requesting for clearance of the said bills, but no response was received from the respondent authorities and the dues still remains unsettled. Aggrieved by the said action oF the Respondent Nos.03 & 04, the present Writ Petition has been filed. s H R

4. Learned Assistant Government pleader for School Education appearing on behalf of the respondent Nos.1 to 3 brings notice of this Court that the grievance of the petitioner as put-forth in the present Writ petition is being considered and steps had atready been initiated for settling the final bills for execution of the work r,l 4 namely "Repairs and Renovation to GHS NBT Nagar, Gowliguda, Banjara Hills, Shaikpet (M), Hyderabad, M.Corporation (V), Hyderabad, under MOMB-MBMB Scheme- U Dise Code 3622079'0229, covered by agreement No.48 of 2022'23.

5. Learned Assistant Government Pleader for lichoo! Education appearing on behalf of the respondent Nos.1 to 3 further requests two (02) months time for setttement of the final bills for execution of the work namely "Repairs and Renovation to GHS NBT l{agar, Gowliguda, Banjara Hills, Shaikpet (M), Hyderabad, M.Corporation (V), Hyderabad, under MOMB-MBMB Scheme- U Dise Code 36220790229, covert:d by agreement No.48 ot 2022-23-

6. Learned counse! appearing on behalf <lf the petitioner does not dispute the said submissions made by the . learned Assistant Government Pleader for Schoo! Education appearing on behalf of the respondent Nos.1 to 3. ry: ) I I 7 Ta tno nto considera tion: a) The aforesaid facts and circumstances of the case. b) The submissions made by the learned counset appearing on behalf of the petitioner, Learned Assistant Government pleader for School Education appearing on behalf of the respondent Nos.l to 3 and learned Assistant Government pleader for Revenue appearing on behalf of the respondent No.4. , I The Writ petition is disposed of directing the respondents to conctude the steps already initiated for settlement of final bills of the petationer for executaon of the work namely ..Repairs and Renovation to GHS NBT Nagar, Gowliguda, Banjara Hilts, Shaikpet (M), M.Corporation (V), Hyderabad, under Scheme- U Dase Code 36.22079C.229, covered by agreement No.4g of 2C22_23 within a period of eight (O8) weeks from the date of receipt of copy of the order as per the petitioner,s lawful entiflement. However, there shall be no order as to costs. MOMB-MBMB Hyderabad, 6 M iscella n eo u s petitions, if, any, Pfnding sha I stand closed. //TRUE COPYII SD/.P.PADMANT.BHA REDDY ASSISTANT REGISTRAR |-/ \ secrr6r,r oFFtcER .felangana, The Secretary, E^ducation Department, Secretariat, The State of Hyderabad 500 022 Director of school Education and Ex. officio, state project Director, Samagra Shiksha, Hyderabad District, Telanqana State. The District Educational Officer, and Ex-Officio, District project Officer, Samagra Shiksha, Hyderabad The District collector and District Magistrate, Hyderabad District, collectorate Complex, Lakdi-ka-pool, Hyderabad :SOO OO+.' The Exec-utive Enginee_r, TGEWTDC, District coilectorate comprex, B-301 and !Ql,3rd Floor, Sneha Sitver Jubitee Bhavan, Lakdi_ka-poot. UyaiiiiOaO-_ SOO 004. One CC to Sri P. U. Bhaskara Rao, Advocate IOPUCI Two CCs to GP for Cooperation, High Court foi itte Stite of Tela,rgana, at Hyderabad [OUT] Two CC to The GP for Revenue, High Court for the State of Telarrgana, at Hyderabad[OUT] Two CD Copies To,

5. 6 7 8 I TJ BSK HIGH COURT DATED:0210112025 GC TODAY ORDER WP.No.34046 of 2024 r\E STAIT q L) 0 i JAI'i 21"15 P * D Fs r',Ata C.i -:-.-i^-- itJ " ,,1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \7 W-5