M/s. Goutham and Company v. 1. The State of Telangana

circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of Writ of Mandamus, challenging the action of the Respondents in not releasing the admitted amounts for completion of work i.e., BT Road from SC ColonytoBaoCheruvuatAsifnagarinKothapally'ofKothapallyMandalin Karimnagar District, executed by the Petitioner, as illegal and arbitrary and consequentlydirecttheRespondentstoreleasethependingbillsi.e.,fortheBT Road from SC Colony to Bao cheruvu at Asifnagar in Kothapally of Kothapally Mandal in Karimnagar District for an amount of Rs.'1 ,9€, l1 ,135/- (One Crore Ninety-Six Lakh Forty-One Thousand One Hundred an j Thirty-Five Rupees Only), vide Token No.2523086775 dated 0711112024, forth ^/ith to the Petitioner account. lA NO: 1 OF 2025 : Petition under Section 151 CPC praying that in the cu lumstances stated in the affidavit filed in support of the petition, the High CoLir may be pleased to direct the Respondents to release the pending bill for com I etion of work i.e., BT Road from SC Colony to Bao Cheruvu at Asifnagar in Kol rspslly of Kothapally Mandal in Karimnagar District for an amount of Rs.1 ,90 41 ,1351- (One Crore Ninety-Six Lakh Forty-One Thousand One Hundred and Th i ty-Five Rupees Only) vide Token No.2523086775 dated 07.11.2024, forthwith to t e Petitioner Account. Counsel for the Petitioner : SRI THOOM SRINIVAS Counsel for the Respondents No.l&2 : GP FOR PANCHAY q,T RAJ RURAL DEV Counsel for the Respondents No.3to6 : GP FOR FINANCt: & PLANNING The Court made the following: ORDER a IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT.JUSTICE T. MADHAVI DBVI WRIT PETITION No.38657 of 2025 DATE:23.12.2025 Between: M/s. Goutham & Company, Rep. by its Managing Partner, G. Goutham Reddy The State ofTelangana and five others ANI) ...Petitioner . . . Respondents ORDER This Writ Petition is filed seeking the fbllowing reliet "...to issue an appropriate ll/rit, Order or Direction, more partia arly one in the nature of lltrit o.f Mandantus' challenging the action of the Respondents in not relcasing the odmittcd amounls .for complelion of work i.e., " BT l?oad .from SC Colon-v lo Bao Chcruwr at Asdnagar in Korhapotly t,[ Koth,tpully llluruhl in Karimnagar Districl, executed by the Petitioncr, as illcgal and arbitrory ond consequently direct the Rcspondents to rclease llrc pcnding bills i.e.' for the "BT Road lrom SC Colory to Boo Clrcrtvu at Asilitagar in Kothapatly of Kothapatly Mandal in Karinnagor Dislrict, for an amount of Rs.1,96,4 1,1 35/- (One Crore Nincty-F'it'e Lakh l'-orty-One Thousand One Hundred and T'hirtv-Fiyc llupces Onl.v) vide Token No.2523086775 dated 07- I 1.2021, /itrthwith to thc Petitioncr accott,tt and pass... " \ l I 2

2. With the consent of both the parties, this Wnt ,etition is taken up lor disposal at the admission stage. \

3. Heard leamed counsel for the petitioner, Iear:r rl (iovernment Plcader lor Panchayat Raj and Rural Developmen:. apl)earing for respondents No.l& 2 and learned Govemment plc:r cr lbr Finance and Planning, appearing for respondents No.3 to 6.

4. Learned counsel for the petitioner submitted t rat respondent No.2 invited tenders lbr execution of work i.e., ..8 f (oad tiorn S(l Colony to Bao Cheruvu at Asifnagar in Kothapallr oF Kothapally Mandal in Karimnagar District,,. pursuant to the .,,11, rc, pctitioner._ coulpany participated in the tender process and becant: tirc succcsslul biddcr. ConscqLrently, respondent No.2 entered into rn agreentent. dated 21.06.2023 with the petitioner and issued a work r rder in favour of the petitioncr. In compliance with lhe same, the perrr rlrer.exccuted the contract and completed the work. Being sarir icd with the complction ol work, the office of respondent No.2 ssucd l.oken No.2-523086775 darcd 07 ll.2024 for an amount ot.Rs. .96,41.1i-5/-. Hou,ever, the said amount has not been released to thr: petitioner till : t..: -, ,l 3 date. Therefore, leamed counsel prays this Court to direct the respondents to release the aforesaid amount within a stipulated period'

5. Learned Govemment Pleader for Finance and Planning sought eight (08) weeks' time to release the said amount

6. Having regard to the submissions made by leamed counsel for the respective parties, this Writ Petition is disposed of directing the respondents to release the amount to the petitioner-company in pursuance of Token No.2523086775 dated 07 '11'2024, expeditiously' preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. It is made clear that if the payment is not made within the stipulated period, the petitioner may make a representation for payment of interest from the date of expiry of the said period till the date of actual payment in accordance with Rules and the respondents shall pass appropriate orders thereon expeditiously' There shall be no order as to costs. T.Miscellaneousapplications,ifany,pendinginthisWritPetition' shall stand closed. //TRUE COPY// SD/.A.V.S. PRASAD DEPUTY REGISTRAR /a(q / SECTION OFFICER To, 1 2 3 The Principal Secretary to Govemment, Panchayat Rai and Rural o!reroJ,ijE"i bepirth'ent, Secretariat, Telangaria Stat'e' Hyderabad' The Superintending Engineer, Office of the Superintending Engineer (PR) P.R.Re!ion, Karimnagar District The Pay and Accounts officer, Karim Nagar District Treasury' Karim Nagar District.

4. The District Treasury Officer, Karim Nagar District Trea ;ury, Karim Nagar District.

5. The Chief Soecial Secretary to Government, Finance a rd Planning Department, Secretariat, Telangana State, Hyderabacl.

6. The Principal Secretary to Government, Finance and : anning Department, Secretariai, Telangana State' Hyderabad'

7. One CC to SRI THOOM SRINIVAS' Advocate. [OPUo 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Cou( for the State of Telangana. [OUT]

9. Two CCs to GP FOR FINANCE & PLANNING' High O 'urt for the State of Telangana at HYderabad. [OUT] 1 0. Two CD Copies. BSK BS a i I /l -1.--=--- .:i, ' HIGH COURT DATED:2311212025 H; :i .i 1 iA' () o i ,lil lUll o t n *_ \; ,// - -\i -).-:-- ORDER WP.No.38657 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a +lr lab. t I I I .i