1 . A to Z Fish Seed Farm v. The State of Telangana

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 particularly one in the nature of writ of mandamus declaring the action of the respondents in non-compliance/non ...RESPONDENTS payment of admiti€d bifl amount of 1sr petitioner A. to z []i:;h Seed Farm, Kakikaluru (\' e nd rr/), Eruru District, A.p for totar amount of r:?:;. 1,r7,4g,274r_ (Rupees one cri)re seventy seven rakhs forty eight thousand turo hundred seventy four only) for s:prtrrlving of fish seed to Medak District, Telang,lra., as per the tender for the yea, ZO23-24 as bad, illegal, violation of Articles t 9(ixg), 23 and 300-4 of cor st'tut on of India and apart from vioration of prn ;ipres of Natural Justice and c.nr;equ:nfly direct the respondents to rerease fl-,e sLrbiect bifl amount of Rs' 1'77,4€.274r- (Rupees one crore seventy seven rakhs fort,r eight thousand two hundred seve.t'l four only) to the .lst petitioner A to z F ish seed Farm, Kaklkaluru (V a,d l\,1), Eluru District, A.p for supplying of fish seed to Medak District, Telan5yarta. as per the tender for the year 2023_24 (Prayer amended as per C.O. dt: 03.01 .2025 in l.A.No.3/2024) lA NO: 1 OF 202,,t Petition unde riection 151 cpc praying that in the circumsrances stated in the affidavit fired n s upport of the petition, the High court .nay be 1:r*ased to direct the responden :s to p'ocess in compry with the bill amount <tf R,;. 1 ,77 ,48,2r4r_ (Rupees one c-ore seventy seven rakhs forty eight thousand hrvo hurdred seventy four onry) and ,a 7 tr' :he 1st petitioner A to Z Fish seed Farrr, Ke k karuru (v and M)' Eruru Distrirt, A' ) for supprying of fish seed to Medak District. ,'erangana, for the year 2023-24 cerrrcing disposal of the above writ petition. Counsel for the petiiioners: M/S. I K ANNAPURNA Counsel for the, Res rr:ndent Nos.1 to 3: Gp FOR ANIMAL HUSBA,NDARY Counsel for the Resl:ondent No.4: Gp FOR REVENUE counsel for the Res,.ndent Nos.s and 6: Gp FoR FINAN.E ,AND F,LANNING The Court made the b,llowing: ORDER THE HONOURABLE SMT.JUSTICE T'MADHAVI DEVI W.P.No. 35131 oF 2024 oRDER: This Writ Petition is filed for the following relief:- "...Wit of mandamus declaing the action of the respond-ents in non-compliance/ non pagment of ad.mitted bilt amount of 1't petitioner A to Z Fish Seed' Farm, Kakikaturu (V & M)' Eturu Distict' A P ' for total amount of Rs' 1 ,77'48'274/ - (Rupees one crore seuentA seuen lakhs fortg eight thousand trt'to hund-red seuenty four onLg) for supplying of ftsh seed b Medok District, TeLangana'' as per the tender for the year 2023 24 as bod' illegat' uiototion of Articles l9(t)(g), 23 ond 3O0-A of Constitution of India and opaft from uioiation of Principles of Nahral Justice and, consequentlg to direct the respondents to releose the subject bill ctmount of Rs'1'77'48'274/ - (Rupees one crore seuentA seuen Lakhs fortg eight thousand tuto hundred seuentg four onti to the 1't petitioner A to Z Fish Seed b'arm, Kakikaluru (V & M)' Eluru Distict, A.P., for supplging of fish seed to Medok Distrtct, Telangana', as per the tender for the Aear 2023 24 and to Pass'

2. When the matter is taken up for hearing' it rs submitted by the Iearned counsel for the petitioners that the lis in the present Writ Petition is squarely covered by the order of this Court daLed 26'03'2025 in W'P'No 6708 of 2025 and the same is not disputed by the learned government l i T \ pleader fo - ll s,teries and also the learned governrrLent lrleader for financr i,Llr,.1 planning appearing for the responrle;rts.

3. 1n Ir L r.iew of the same and for reasons aii,<e. this writ Petitror-r is clisposed of in terms of the crde: dated 26.O3.2C2:; I).:ssed W.P.No.670B of 2O2S cli-er:tng the responde nt s :o consider the recommendatron )l the respondenl I\J,r.3 and if the name of the petitior er l,ro.1 clo not find plac,: rn I'Le Vigilance & Enforcement departnrent leport and there are. no adverse remarks against the petitiorre - No.1; and othel simiJarl-y placed persons are made p.1-vmerrt:,, then the Petitioner No. 1 shall also be made payments iirr tlre, fish seeds suppiiei to the Government.

4. 'f l-r,r office is directed to append a co pv >l the order datr:d )\; O3.2O25 passed in W.p.No.67OB o i2C,25 to this Writ F,e1it:u rrL

5. I,4isc:llaneous petitions, if any, pencLnq ir this Writ Petition -.;lriill stand closed. There shall be r:o or.cler as to costs. SD/- M. OSM //TRUE coPY// ,1 T.'tto*, i i '1 SE crlr The prl se,:rc ta ry Animar t ifg;,.dilf [i;1lr,g!irt,:n:$:i{fl i*4?lff $,j+t ff Hfjlij Fi .,!: i,i: fl,!l::i *:r:t r\4eda k D s,r c, I ne Hflncrp.tl Siec.ertary Finz Birffi ','r:i,*,fl [l"l{#s;:zf il"%T#:;::;:."',",, To, 1 2 J 4 5. AN ALI BAIG F:EGISTRAR ,/ , )I! OFF]CER ,;treries a J District. rasab Tank, )ngana, i' l 7 \

7. One CC to M/s. I K Annapurna, Advocate IOPUC] 8. Two CCs to GP for Animal Husbandary, Hibh Court for the State of 9. Two CC to The GP for Revenue, High Court for the State of Telangana, at Telangana, at Hyderabad [OUT] Hyderabad[OUT]

10. Two CC to The GP for Finance and Planning, High Court for the State of Telangana, at Hyderabad[OUT] '1 1.Two CD Copies TJ GJP (Along with the Copy of Order dated 26.03.2025 ln W.p.No.67OB OF ZO2S) s ' .; 'vl::;i:!!-, HIGH COUFI'r DATED:21tt\,4t2O2S ORDER WP.No.3S131 of 2024 .- \-r I' t \:--. <.:FE r4 .'11' ,'' i" /, c' ,1 J' ,13 o |- JfiI 2W DISPOSING OF THE WRIT PETITION WITHOUT COSTS Cgt"eiB :t-. THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: ur.P.No. 670a oF 2025 In this writ petition, the petitioners are seeking a direction to the respondents to make payment for the fish seeds supplied by them for the years 2023-2O24 and to pass such other order or orders in the interest ofjustice.

2. Learned counsel for the petitioners submitted that there are recommendations of the respondents No.5 and 6. for concerned palrrnents. However, the respondents have not made any payments.

3. At the time of admission, the learned government pleader for fisheries has received instructions ald has submitted that there is a Vigilance & Enforcement Department, inquiry going on with regard to the supply of fish seeds to the Government. 'It is submitted that the inquiry is still in the process and therefore, the payments cannot be made.

4. Learned counsel for the petitioners further submitted that out of thirty eight cases, thirty six cases have been disposed of by this Court directing the respondents to make pa5rments and he submits that if after inquiry, the 2 pajmelltli il -., made to the others, the responclentr; rni ty also be directe,l 10 r:11ke the paJrments to the petitione:s h,;reirL.

5. t:.aving regard to the rival contentior.s irnd the .materizrl on record, this Court finds that the \/it,ilance & Enforcr:men . Department is inquiring into whe r.her the s rppliers have srrppli,:cl the fish seed and whether the y a.-e e-r:itled to receive the 1,aymsn15. In such circumstances, this Cor:rt deems it fit ancl Frlper to direct the respondents to con;iler the recomrrerld€ t:.ons of the respondents No.5 & 6 and if tlre names of the peti -r:ners do not find place in 1.he Vigrlzrnce & Enforcem,:n.t ;:eport and there are no adverse rerr ark ; against the petiti,trLr:r; and other similarly placed persorrs e rr: made payments tl.en the petitioners sha-1l also be macle :avltrtnts for the fish se ecl ; supplied to the Government.

6. r rr:cordingly, the writ petition is dispos ecl , rf . There shall be no o 'cter as to costs.

7. I{iscellaneous petitions, if any, pending; in t}Lis writ petition, shali stand closed. Date: 26lJ3 2025 ba.k JUSTICE T.MADHAVI DEVI