SRI G v. S. GANESH

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 writ of Mandamus 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, illeg-l and violative of Articles 14 and 19 (t Xg) of the Constitution of lndia and consequently, directing the Respondents herein to jointly and severally release the payments of Rs.52,39,691/- being the aggregate of the amounts admitted / acknowledged to be due to the Petitioner along with interest @ 12o/o per annum. I 7 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ci -r umstances stated in the affidavit filed in support of the petition, the High Court mel be pleased to direct the Respondents to forthwith release the amount of Rs.[;: ,39,691/- being the acknowledged and admitted payments due to the Petrtioner ry the Respondents, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI G. V. S. GANESH Counsel for the Respondents No.1 to 4: AGP FOR INDUSTF IES & COMMERCE Counsel for the Respondent No.5: GP FOR FINANCE & PL! NNING The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.35167 of 2O25 oRDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Commerce and Industries appearing for respondent Nos. L to 4 and learned Assistant Government Pleader for Finance and Planning appearing for respondent No.5.

2. This writ petition is filed seeking following prayer:- ". . .declaing the inaction of the respondents in releasing the admitted and acknotuledged pagments due to the petitioner as arbitrary, illegal and uiolatiue of Articles 14 and 19(1)(9) of the Constitution of India and consequentlg directing the respondents herein to jointly and seuerallg release the pagments of Rs.52,39,691/- being the aggregcite of the amounts admitted/ acknouledged to be due to the Petitioner along u.tith interest 12 percent per annum..."

3. The brief facts of the case as stated are that petitioner is er,8aged in the business of manufacturing plastic products. The Government of Telangana introduced T-IDEA (Telangana State Industrial Development and Entrepreneur Advancement) t 2 Incentive Scheme, 2Ol4 extending incentive s and benefits to new Industrial Enterprises set up in the ; ate. It is further submitted that the operational guidelines r nder the T-IDEA Incentive Scheme, 2Ol4 are notified. The sai: G.O. provides for reimbursement of tax, power subsidy and eimbursement of infrastructure expenditure in addition to I eimbursement of power cost/ subsidy and interest subsi<l '. It is further submitted that respondent No.3 issued srr rction letters for various incentives such as Inves.l rrent Subsidy, reimbursement of Sales tax, reimburser Lent ol Interest Subsidy under Pavala Vaddi Scheme and r eimbursement of Power Cost with total amounting to Rs.52,3! ,691l-. However, the above sanctioned amount has not been - :leased and thus, the petitioner had taken up the matter wrtf the Department concerned for payment of the incentive am: -rnt payable to it and submitted representation, requesting l,r the release of sanctioned amounts, as the petitioner is in <l re need of funds It is further submitted that consolidated . 'roceedings were issued wherein amounts were released to st:, eral units whose serial numbers are behind the petitioner's s:'ial number. It is further submitted that petitioner has se t up the project considering that the State Government should provide / 3 incentives as per the policy and that the petitioner would be in the market Place' BY delaYing able to have comPetitivene ss , the Petitioner has been Put to a the release of such incentives serio,s disadvantage. euestioning 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 2023 by directing the respondents to release the amounts due and payable to petitioners within a period of eight (OB) weeks from the date of receipt of copy of this order and prays to pass appropriate oraer in the present writ Petition '

5. Learned Assistant Government Pleader for Commerce and Industries did not dispute the same and on instructions of The General Manager' District Industries Centre submits that sanction letters were issued for release of the various incentives granted to the petitioner's company' It is further submitted that the amount would be released as and when unit turn comes as per seriatim for disbursement of funds' It is further submitted that respondent No.2 will take action for release of funds as per the budget availability' I 4 6- In view bf the same, recording the above r ubmissions of either side and without expressing any opiniorr on the merits of the case, this writ petition 1S disposed of directing the respondent authorities to pay the various incent ves as per the petitioner's entitlement, as expeditiously as poss ble preferably within a period of three (03) months from the d: -e of receipt of copy ol this order 7 . Accordingly, with the above directions, tL i ; writ petition is disposed of Miscellaneous applications, if aly pendin 1, shal1 stand closed. No order as to costs. //TRUE COPY// SDI: j.PONNA KRISHNA Ii STANT REGISTRAR \ \=- / \ecrtoN oFFtcER To

4. E t) 7 )ep artment State of The Principal Secretary lndustries and commerce, Telangana, D r. B R Ambedkar Telang ana Secretariat. ll tder abad - 500 022 The Commiss 'roner of lndustries, Gove rnment of Tela I lana Chkag-Ali Lane, r Abids Hvderabad - 500 001. ?#A;iti;fftir"I"iJr, -o)o the commissioner of tnrtr stries Government of reLnqina Chirag-Ali Ldne, Abids Hyderabad - 500 00 I . il;'Gl;;r"l H,tr,irg"i-Di"irict lndusiries centre,-Ranga .Eg9ov D,':tli"|- - - The Princioal Secr-etarv, Finance Department, State c Telangana' ur' tr K nmleO taitelangana Secretariat, Hyderabad- - 500{2 2 one cc to sRl G. v. s. GANESH' Advocate IOPUL;I . i;; c-c; to bF ro, rnuuitries & Commerie, High { ourt for the State of . r*" ctsi" cifor Financ'e & ilanning, High court for re State of Telangana . Two CD CoPies Telangana at Hyderabad. IOUTI at Hyderabad. [OUT] 8 I BS W MP HIGH COURT ' DAT jD:2611112025 I SI *\C., (-,, n - ,r --^ '.9 1r.. -lv ORDER WP.No.35167 ot 2025 DISPOSING OF THE I/I'RIT PETITION WII'{OUT COSTS (,