Disposed¶34

Md. Azeez v. The State of Telangana

Telangana HC27 Jan 2025WP/21541/2024

Case brief

AI extract

What is this about?

WP 21541/2024, High Court for the State of Telangana at Hyderabad; writ of mandamus for release of pending contractor final bill; Panchayat Raj works payment delay; Memo dt. 02.11.2017 work done-cum-completion report; Art. 226 Constitution; S.151 CPC interim prayer; balance Rs.11,00,563 ordered to be paid by respondent No.1 (Principal Secretary) within 3 weeks; disposed without costs; Justice T. Madhavi Devi; 27-01-2025.

What did the court decide?

Respondent No.1 directed to pass appropriate orders for payment of Rs.11,00,563/- within three (03) weeks of receipt of the order copy; writ petition disposed of, no order as to costs. ¶34

Md. Azeez Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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[^321e ]

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IN THE HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTY SEVENTH^DAY OF^JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE^{T. MADHAVI DEVI}

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WRIT PETITION NO: 21541 OF²⁰²⁴

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Between:

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Md. Azeez, s/o Md. Khasim Ali, aged^{about50 years, occ: Contractor, r/o Flat} No 505, Chandra Apartments^{O[p. Sequel Resorts, Khammam, Khammam} District

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...PETraoNER

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AND

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The State of Telangana, rep. by its^{PrincipalSecretary, Panchayat Raj and} Rural Developmen[ Department, Secretariat,^Hyderabad.

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The Engineer- in- Chief, Panchayat^{Raj, Hyderabad.}

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The Superintending Engineer,^{P.R. Crrcle, Khammam.}

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The Deputy Executlve Engineer,^{O/o District Panchayat Rai Department} Khammam-

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...RESPONDENTS

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Petition under Article 226 of^{lhe constitutionof lndiapraying that in the} circumstances stated in the^{affidavitfiled therewith, the High Court may be} pleased to issue an appropriate writ, order or^{Direction, more particularly one in} ihe nature of Writ of^{[,4andamus, to declarethe inactionof the 3rd respondent} herein in taking any action for^{release of the final bill amountinspite of} communicating the copy of approved^{work done-cum-completionreport by the 2nd} respondent dt. 2-11-2017 bearing Memo . |o' AELl /SDF/KIMIVI/Venkatapura^{ml2o17 followedby personal visits andwritten} representation dt.1g-6-2o24, as^{being illegal, arbitrary,unjustand unconstitutional} and consequently direct^{the respondent No.2 herein to take stepsto releasethe} final bill in termi of compliance^{of the Memodt. 2-11-2017issued by the 2nd} respondent.

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lA NO: 1 OF 2024

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Petition under section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filed in support^{of the petition,the High court may be pleased to direct} the Respondent No.3 herein^{to releasethe final bill amountto the petitionerin} terms of the compliance of^{the tvtemo No. AEEIiSDF/KMM/Venkatapuraml2ol7 dt.}

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2-11-2017 issued by the 2nd respondent herein, pending disposal ol the main Writ Petition.

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Counsel for the Petitioner: SRI KARUNAKAR REDDY

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Counsel for the Respondents: GP FOR PANCHAYAT RAJ

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE T. MADTIAVI DEVI

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UIRIT PETITION No.2154L of 2024

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ORDER:

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This writ petition 1S filed, under Article 226 of the Constitution of India, seeking the following relief:

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'...to i.ssue an appropiate Wit, Order or Direction more particularlg one in the nature of Wit of Mandamus to declare the inaction of the 3rd respondent herein in taking any action for relea-se of the final bill amount inspite of communicating the copg of approued uork done-cum-completion report bg the 2nd respondent dt 2.1 1.2017 bearing Memo No. AEEI / SDF/^{KMM/ Venkatopuram/2O 17} follou-ted bg^{personal uisits} and witten representation dt 19.6.2024 as being illegal arbitrary, unjust and uncorstitutional and conseqtentlg direct the respondent No.2 herein to take steps to release the final bill in terms of compliance of the Memo dt 2.11.2017 issued bg the 2nd respondent and to grant..."

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Brief facts leading to the filing of the present writ petition are that the petitioner was awarded the work of BT to 9 R/F PWD road to Venkatapuram of Madhira Mardal, Khammam District, and the petitioner claims to have completed the work and respondent No.2 uide memo, dated O2.ll.2ol7 has also communicated a copy of the work donecum-completion report, along with price declination charges to respondent No.3, for taking further necessary action. It is

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further submrtted that therea-fter, the respondent a uthorities have not taken arry action and therefore, the petitioner approached the respondent authorities time and again for release of firLzrl bill of Rs.74,88,538/- (Rupees Sevt:nty Four Lakhs Eightl Eight Thousand Five Hundred and Thirty Eight Only). Since there was no further response : rom the respondent rLr-rthorities, the petitioner has fi1ed thr: present writ petition.

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Respondent No.3 has hled counter affidavit crrnfirming that the per.itioner has completed the work as per the agreement anrl that the District Panchayat Raj trngineer, pIU Khammam, heLs addressed a letter to the District Collector on 18.O9.2024 fix- release of pending payment of Rs.11 00,563/and after rece ipt of the said letter, the District Collector has taken steps and addressed a letter, dated 18.09.20,.)4 to the Superintendent Engineer, PR Region, Khammam, but it was informed thie: the Principal Secretary to Gov,:rnment, Planning Department, Telangana has to accord perrrrission to release all the pending payments and therefore s<.ron after receipt of orders from the Government further courrie of the action will be taken to clear the pending bills. The:efore, it appears that t.he petitioner has been made part payment and

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the ba-lance is only of Rs.1l,OO,563l- and since there is no dispute about the eligibility of the petitioner to receive the said amount, this Court deems it frt and proper to dispose of this writ petition directing respondent No.1 to pass appropriate orders for payment of Rs.11,00,563/- within a period of three (03) weeks from the date of receipt of copy of this order.

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Accordingly, this writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand

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closed.

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SD/. K. AMMAJI ANT REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

The Principal Secretary,^Panchayat Bqj^{anA Rural Development Department'} The State bf Telanganb,^{Secretariat, Hyd.erabad.'}

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The Engineer-^{in- ehief, Panchayat} laj,^Hyd.erabad' 3. The Su6erintendinq Enqineer,^{P.R. Circle, Khammam'} ;. iii; D;-iliy Ei"Cuiir"^{Ensineer, o/o District PanchavatRaj Department} Khammam.

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