Dismissed¶32

Syed Azher v. State of Telangana

Telangana HC10 Feb 2025WP/24183/2016

Case brief

AI extract

What is this about?

Syed Azher v State of Telangana; WP No. 24183 of 2016; writ of mandamus; Article 226; non-payment of contractor bills; works entered in measurement books; Special Development Fund Scheme; Mandal Parishad Development Officer Parvathgiri/Parvathglri Mandal, Warangal; Memo No. 13/p1g/lX/SDF12014 dt. 25.06.2014; interim order W.P.M.P.No.29805 of 2016 dated 21.02.2016; Section 151 CPC; GP for Revenue; amount transferred 17.09.2016; writ petition infructuous; dismissed without costs; Nagesh Bheemapaka J; 10.02.2025.

What did the court decide?

Recording the Government Pleader's submission that the amount had already been transferred to the writ petitioner on 17.09.2016, the Court held the writ petition infructuous and dismissed it, with no order as to costs. ¶32

Syed Azher Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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t^3s00I

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

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MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 24183 OF 2016

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Between:

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Syed Azher, S/o. Sarwar Miya, Age 51 years, Occ Business, R/o. H.No. 1 0-'l 14, Firangadda Wardhanna Pet, Wardhanna Pet, Warangal District.

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...FETITIONER

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AND

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1 State of Telangana, by its Principal Seicretary Planning (OX) Department, Secretariat Buildings, Hyderabad.

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2 The District Collector, / Chief Planning Officer, Warangal District. The Mandal Parishad Development Officer,, Parvathglri Mandal, Warangal District.

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....RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed thei'ewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring (a) the action of the respondents 1 to 3 in not paying the amount for the works completed and entered in the measurement books as illegal, arbitrary and without^jurisdiction (b) to declare the lMemo No. 13/p1g/lX/SDF12014 dt. 25.06.2014 issued by the et respondent as illegal, arbitrary and set aside the same.

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l.A. NO: 1 OF 2016(WPMP. NO: 29805 OF 2016)

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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

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direct the respondents to release the admitted amounts in respect of the works executed by the petitioner on par with other Similarly situated contractors.

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Counsel for the Petitioner : SRt M.SALEEM

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Counsel^{for the} Respondents: Gp FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 24La3 of 2OL6

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ORDER:

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. Petitioner executed certajn works under an Agreement with the 3.,1 respondent_Mandal parishad Development Officer, Parvathgiri Mandal, Warangal District, under the Special Development Fund Scheme. It is his grievarce that the bills related to the completed works have not been paid to him. Hence the present writ petition.

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2 This Court on 2l.0Z.2016 while admitting the writ petrtion gralted interim order in W.P.M.p.No.29805 of 2016, which reads as follows:

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'Pending disposal of the urit petition, as the petitioner claims that the amount d.ue are under admitted bilts, th.ere shall be direction to the respondents to ueifg and. quantifg the amounts due to petitioner in terms of thi iorks admittedlg executed. and. such undisputed. amounts, if any, stnil be paid. to petitioner uithin a pe.riod of four (O4) taeeks from the date of receipt of a copy of this order."

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a Learned counsel for the petitioner is present. + Learned Government pleader for Revenue places on record the letter of the 2nd respondent dated 31.01 .2025 and

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submits that on 17.O9.2016, the amount was already tralsferred to the writ petitioner and therefore the writ petition has become infructuous.

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5 Recording the said submission, this Writ Petition is dismissed as infructuous. No costs.

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Miscellaneous applications, pending if any, shall stand

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closed

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SD/.MOHD. ISMAIL ASS TANT REGISTRAR

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