High Court · 2025
Case Details
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Petition under Article 226 ot 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 or writs order Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents for not releasing the amount of the petitioners namely the 1st petitioners Fish seerJ for wanaparthy District for Rs.39,79,908/- as per the proceedings of District Fisheries officer, Letter No.40/c12023 dated o4-o1-2024, the 2nd petitioner supptied in wanaparthy and Narayanpet District wanaparthy District for Rs.30,44,8g0/- and narayanpet District Rs.S1,58,106/- total Rs.82,02,986/- vide Letter No. 4otcl2o23 dated 04-01- 2024 and Lr.No.26/c/2023 dated 18-01-2024, the 3rd petitioner supplied for wanaparthy District for Rs.29,32,085/- as per the Letter No. 4otcl2o23 dated 04- 01-2024, the 3rd petitioner supplied for Narayanapet District for Rs.52,86,606.2s Ps. as per the Letter No. 40tct2o23 dated o4-01t2024 totalling to a sum of Rs.82,18,691/- and the 4th petitioner supplied fish in wanaparthy District an amount of Rs.44,89,875/- as per the lefter issued by the District Fisheries officer, wanaparthy vide Letter No. 4olcl2o23 dated 04-01-2024 along with interest for supply of fish seed for the year 2023-24 basing on submission of bills as recommended by Respondent No.7 and I vide Lefter No. 4olct2o23 dated 04-01- 2024 and Lr.No.26lcl2023 dated 18-01-2024 as bad arbitrary. illegal and also offends Arts 14, 19 (1) (g) and 21 of the Constitution of lndia. lA NO: 1 OF 2024 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 direct the respondents to forthwith release the amount of the 1st petitioner Rs.39,79,908^, the 2nd petitioner total Rs.82,02,986/-3rd petitioner Rs.82,18,691/- and the 4th petitioner Rs.44,89,875/- as per the lefter issued by the District Fisheries officer, wanaparthy vide Letter No. 4otct2o23 dated 04-01-2024 along with interest for supply of fish seed for the year 2oz3-24 basing on submission of bills as recommended by Respondent No.7 and g vide Letter No. 40/ci2023 dated 04-01-2024 and Ls.No.26/c12023 dated 't8-01-2024, pending disposal of the writ petition. Counsel for the Petitioners: SRI D. L. PANDU Counsel for the Respondent Nos.1,3,6,7 and 8: Gp FOR ANIMAL HUSBANDARY Counsel for the Respondent No.2: GP FOR FINANCE DEPARTMENT Counsel for the Respondent Nos.4 and 5: Gp FOR REVENUE The Court made the following: ORDER ,i /t / THE HONOURABLE SMT.JUSTICE T.MADHAVI DEVI W.P.No. 37L45 0F 2024 ORDER: This Writ Petirion is Iiled for the following relief:- " . .Writ of mandamts declaring th.e oction of the respondents for not releasing the (lmount of the petitioners namely tlte lsr petitioner,s Fish Seed for Wanaparthg District for Rs.39,29,90g/_ as per the Proceedings of Di"strict Fisheries OJficer, Letter No.4O/C/2O23 dated O4-01-2024, the 2,a petitioner supplied in Wanoparthg and Narayanpet Distict i.e., Wonaparthy District fo, Rs.30,44,g80/ and NaraAanpet Di.stict fo, Rs.51,58,1O6/ _ totaL Rs.82,O2,986/- uide l,etter No.4O/C/2O23 dated O4- O1-2O24 and Lr.No.26/ C/ 2023 dated. 1 8-Oj _2O24, the 3,a petitioner suppli.ed for Wanaparthg Distict for Rs.29,32,O85/ - as per the Letter No.4O/ C/ 2O23 dated 04 o1-2o24, tLLe 3d petitioner supplied_ for Naraganapet Dtstrict for Rs.52,g6,6O6.25 ps., as per the Letter No.4O/C/2O23 dated O4-01-2O24 tota ing to a sum of Rs.82,18,691/- and the 4rh petitioner sttpplied fish in Wanaparthy Di.strict for an amount of Rs.4a,89,875/ - as per the letter issued. by tLLe Distict Fisheies OJficer, Wanaparthg uid.e Letter No.4O/ C/ 2O23 dated O4-OL-2O24 along u.tith interest for supply of ftsh seed for the year 2023_24 basing on submlssion of bills as recommend.ed. by Respondents No.7 and 8 utde l,etter No.4O/C/2023 dated O4-01-2024 and. Li.No.26/C/2A23 d.ated. 18-01-2024 as bad orbitrary, illegal and also offen.ds Articles 14, 19 (1) (g) and 2t of the Constitutiort of Indio and to pass...,, I i
2. When the matter is taken up for hearing, rt is submitted by the learned counsel for the petitioners that the /rs in the present Writ petition rs squarely covered by the order of this Court dated 26.03.2025 in W.p.N o.6Z08 of 2O2|and the same is not disputed by the learned government pleader for and also the learned government pleader for finance 'fisheries and planning appearing for the respondents.
3. In view of the same and for reasons alike, this Writ Petition is disposed of in terms of the order dated, 26.03.2025 passed in W.p.No.67Og of 2025, directing the respondents to consider the recommendations of the respondents No.7 & g and if the names of the petitioners do not find place in the Vigilance & Enforcement department report and there are no adverse remarks against the petitioners; and other similarly placed persons are made payments, then the petitioners shall also be made payments for the fish seeds supplied to the Government. 4. The office is directed to append a copy of the order dated 26.03.2025 passed in W.p.No.67 08 of 2O2S to this Writ Petition. S. Miscellaneous petitions, if any, pending in this Writ Qqrr. slell stand closed. The.e shall be qo qrdc.r as ts coqts. _ To, //TRUE COPYII 1. The Specia I Chief Secreta ry, Animal Husba Fish eries Department,Secreta 2. The Principal Secreta ry, Depa rtment of Fin ance, secretariat, Telangana, H yd erabad The Cbmmissi oner of Fisheries, Tela ngana State, Shantin The District Collector, Wanaparthy District At Wa naoarthv ndry, Dia riat, The State of Tela 3 4 ry Development And ngana, Hyderabad The State of agal Hyderabad ,'r1'^i'+.,+13i[n'F SECTION OFFICER I I/ -7 /, // \ Hyderabad District Narayanpet District Wanaparthy
5. The District Collector, N3yayanpet District At Narayinpet. 6. The Deputy Director of risrieriiJr-nrano.,'o)o Eofrri.sioner of Fisheries 7. The District Fisheries officer, Assistant Director of Fisheries wanaparthy 8. The District Fisheri-es officer, Assistant Director of Fisheries Naryanpet 9.. 9ne CC to Sri D. L. pandu, Advocate IOPUCI 1 0. Iw.o CCs to Gp for Anim.al HusUanOanj, Xigtibourt for the State of . _ Telangana, at Hyderabad [OUT] 11.Two CC to The Gp for Finincs bepartment, High Court for the State of .^ T_elanga^na, at Hyderabad[OUT] 12. Two CC to The Gp for Rdvenule, High Court for the State of Telangana, at HyderabadlOUTl 13.Two CD Copies - TJ KV (Along with the copy of order dated z6.o3.2o2s ln w.p.No.6708 oF 2025) I ry- HIGH COURT DATED:21 10412025 \ \ ORDER WP.No.37145 ot 2024 (ff. ,HE S r.,.. f5. :e O9 JUN M \a( ? r)5 !.},:TiH e * ,/ , t DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,)^ 5 2x THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: W.P.NO. 6708 0F 2025 In this writ petilion, the petitioners are seeking a direction to the respondents to make pa;rment for the frsh seeds supplied by them for the years 2023-2024 and to pass such other order or orders in the interest ofjustice.
2. kamed counsel for the petitioners submitted that there are recommendations of the respondents No.S and 6 for concerned pa5rments. However, the respondents have not made arry paJrments.
3. At the time of admission, the learned government pleader for fisheries has received instructions and 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 aIId therefore, the pa5rments cannot be made.
4. karned 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 payments and he submits that if after inquiry, the I I 1 2 pa5nnents are made to the others, the respondents may also be directed to make the palrments to the petitioners herein.
5. Having regard to the rival contentions and the material on record, this Court finds that the Vigilance & Enforcement Department is inquiring into whether the suppliers have supplied the fish seed and whether they are entitled to receive the pa]rynents. In such circumstances, this Court deems it fit and proper to direct the respondents to consider the recommendations of the respondents No.S & 6 and if the names of the petitioners do not find place in the Vigilance & Enforcement report and there are no adverse remarks against the petitioner; and other similarly placed persons are made paJments, then the petitioners shall also be made pa5rments for the Iish seeds supplied to the Government.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. Date: 26.03.2O25 WSTICE T.MADHAVI DEVI