High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) t\,,lONDAY, THE TWENTY FOURTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION NO: 3u1436 OF 2025 Belween: Xrl/s. Rose Plast, Plot No.32, Plastic Park, It/ankhal, lvlaheshwaram [\/andal Ranga Reddy District - 501 359 rep. by its Partner, Mr. Nilohammed Farook Janoo ...PETITIONER AND 1 The State of Telangana, Rep. by the Principal Secretary lndustries and Commerce Department Dr. B R Ambedkar Telangana Secretariat, Hyderabad - 500 022 2 3 4 5 The Commissioner of lndustries, Government of Telangana Chirag-Ali Lane, Abids Hyderabad - 500 001 The Additional Director, O/o the Commissioner of lndustries Government of Telangana Chirag-Ali Lane, Abids Hyderabad - 500 001 The General Nrlanager, District lndustries Centre Ranga Reddy District The State of Telangana, Rep. by the Pnncipal Secretary Finance Department Dr. B R Ambedkar Telangana Secretariat, Hyderabad - 5O0 022. ...RESPONDENTS Petition under Article 225 a'f the Constitution of lndia prayinE that in the circumstances stated in the affidavit filed therewith, the High Court may be pteased to issue Writ of fi,4andamus or a Writ in the nature of mandamus declaring the inaction of the Respondents in releasing the admitted and acknowledged payments due to the Petitioner as arbitrary, illegal and violative of Articles '14 and 19 (1Xg) of the Constitution of India and consequently, directing the Respondents herein to jointly and severally release the payments of Rs.37,47,6251- being the aggregate of the amounts admitted / acknowledged to be due to the Petitioner along with interest 12oh per annum lA 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 forthwith release the amount of Rs.37,47,625/- being the acknowledged and admitted payments due to the petitioner by the Responrl rnts. pending disposal of the Writ Petition. Counsel for the Petitioner: SRI G.V.S. GANESH Counsel forthe Respondent No.1 to 4: Gp FOR INDUSTR ES & COMMERCE Counsel for the Respondent No.S: Gp FOR FINANCE & F,l ANNING The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.34436 of 2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Commerce and Industries appearing for respondent Nos. I to 4 and learned Assistant Government Pleader for Finance and Planning appearing for respondent No.5

2. This writ petition is filed seeking foliowing prayer:- ". . .to issue aru appropriate writ or order or direction, more particularlg one in the nature of turit of mandamus, declaing the inaction of the respondents in releasing the admitted arud acknotuledged pagments due to the petitioner as arbitrary, illegal and uiolattue of Articles 14 and 19(1)(9) of the Constitution of India and consequentlg, directing the respondents herein to jointly and seuerallA release the pagments of Rs.37,47,625/- being the aggregate of the amounts admitted/ acknouLledged to be due to the petitioruer along uith interest @ 12o/o per annum and to pass..." '**:1 I ..)..

3. The brief facts of the case as stated are th:L petitioner is engaged in the business of malufacturing pias ic products. The Government of Telalgana introduced T-IDI) r (Telangana State Industrial Development and Entrepreneur _1 lvancement) Incentive Scheme, 2014 extending incentives arLr. benefits to new Industrial Enterprises set up in the state. t is further submitted that the operational guidelines unde - the T_IDEA Incentive Scheme, 2014 are notified. The said G.O. provides for reimbursement of tax, power subsidy and reimb rrsement of infrastructure expenditure rn addition to reimL r rsement oi. rnterest subsidy. It is further No.3 issued sanctio.r letters for Investment Subsidy, power cost/ subsidy and submitted that respondent vanous incentives such as reimbursement of Saies tax, reimbursement Subsidy under pavala Vaddi Scheme and reimb: Power Cost with total amounting to Rs.37,47,625,, the above salctioned amount has not been reieaser the petitioner had taken up the matter with the t concerned for payment of the incentive amount p: and submitted representation, requesting for the sanctioned amoyrrfs, as the petitioner is in dire ner,r which was threatening its very existence. It rf Interest :sement of . However, and thus, epa_rtment rable to it release ol of funds, s further -----.-------- 3 i i l : i I I l l l submitted that consolidated proceedings were issued wherein amounts were released to severa-l units whose serial numbers are behind the petitioner's serial number. It is further submitted that petitioner has set up the project considering that the State Government should provide incentives as per the policy and that the petitioner would be able to have competitiveness in the ma-rket place. By delaying the release of such incentives, the petitioner has been put to a serious disadvantage. Questioning the same present writ petition is filed. 4 . Learned counsel for the petitioner submits that on a similar set of facts and circumstances, this Court passed orders in W.P. No.9153 of 2O23 by directing the respondents to release the amounts due and payable to petitioners within a period of eight (08) weeks from the date of receipt of copy of this order ald prays to pass appropriate order in the present wrrt petltlon.

5. Learned Assistant Government Pleader for Commerce ald Industries did not dispute the sarne arrd on instructions of The General Manager, District Industries Centre submits that sanction letters were issued for release of the various I 4 .- \-*: incentives granted to the petitioner's comparr/ It is further submitted that the amount would be released as and when unit terms comes as per seriatim for disbursem: rt of funds. It is further submitted that respondent No.2 will t rke action for release of funds as per the budget availability. : In view of the same, recording the above ,; rbmissions of

6. either side and without expressing aly opinion )n the merits of the case, this writ petition is disposed o1 clirecting the respondent authorities to pay the various inc: -rtives as per their entitlement, as expeditiously as possible pre 'erable within a period of three (03) months from the date of re: :ipt of copy of this order. Z . Accordingly, with the above directions this r .rit petition is disposed of. Miscellaneous applications, if any pendin6 , shall stand closed. No order as to costs. //TRUE COPY// St) .P. PONNA KRISHNA .ASSll ITANT REGIS \.----- ,' . sEcIoN oFFlcER 1 2 The Principal Secretary lndustries & Commerce Depart rlnt The State of Telangana, Dr. B R Ambedkar Telangana Secretariat, l- yderabad _ SOO 022 The Commissioner of lndustries, Government of TelahS ina Ctririg_Ali Line, Abids Hyderabad - 500 001 To, I Dr. B Telangana Chrrag-Ati Lane Abids nva"iJojo _ Sbij'oot 3 The Additionar Direcl0r, o/o the commissioner of lndustries Government of 4. I ne benerat Manaqer. District.lndustries Centre Ranga Reddy District 5' The State of rerandana nep gy tne eiin"prr s""'i"tr.v Finance Deoartment -R Ambedkar Telangana-secretariat, Hyderabad - SOO O22. 6. ONC CC tO SRI G.V S GANESH, Ad";C;iE i'diuti 7. Two CCs ro Gp FOR TNDUSTRTES C bOi\,{[4EntE, Higr] Court for the State 8. Two CCs to Gp FoR FTNANCE & PLANNING, High court for the state of I Two CD Copies Telangana. [OUT] of Telangana. [OUTI '' " --' I iivr I \ BN GJP W HIGH COURT DATED:2411112025 ORDER WP.No.34436 of 2025 I I R 1HE I l.q; \\ o I r't 191;il M * o.|c..- / DISPOSING OF THE WRIT PETITION WITHOUT COSTS a \1/