Md. M.A. Naseeb Khan Vs The State of Telangana

The Executive Engineer,. TGEWIDC, District collectorate comprex, 8-301 and gg?, 3rd Ftoor, Sn"eha sirverJuoitee'an"ia,i,Gi,-oi-tr+oor, iio.iru"i-_'s6o 004.

¶17

...RESPONDENTS

¶18

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 a writ, order or direction more especially in the nature of mandamus declaring the action of the Respondents 2 to 5 in not setfling the petitioner's final bills for execution of the work namely Repairs and Renovation to GHS NBT Nagar (Gowliguda, Banjara Hills, Shaiketpet (M), Hyderabad, M. corporation (v), Hyderabad under MOMB-MBMB Scheme - U Dise cocte 36220790229, covered by agreement No. 4g of 2022-23 dated 2o.o1 .2023 as

¶19

illegal and arbitrary and therefore^{consequentlydirect the Responde,nt2 to settle} the final bill for the subject work and^{make the payment immediately}

¶20

lA NO: 1 OF 2024

¶21

Petition under section 151 CPC^{praying that in the circumstarrcesstated in} the affidavit filed in support of the^{petition,the High Court may be ple lsed to direct} the respondents to 2 to 5^{to settle the finalbill for the subject work coveredby} agreement No.4812022- 23 dated^{20.01 .2O23 and make :he payment} immediately^pending disposal of^{Writ Petition.}

¶22

Counsel for the Petitioner:^{SRI P. U. BHASKARA RAO}

¶23

Counsel for the Respondent Nos.1^{to 3: AGP FOR COOPERATION}

¶24

Counsel forthe Respondent^{No.4: AGP FOR REVENUE}

¶25

The Court made the following: ORDER

¶26

HON'BLE MRS JUSTICE SUREPALLI NANDA WRITPETITION No .3 o46 F2 o24

¶27

o RDER:

¶28

Heard Sri p.U.Bhaskara Rao, learned counsel appearing on behalf of the petitioner, tearned Assistant Government pleader for School Education appearing on behalf of the respondent Nos. 1 to 3 and learned Assistant Government pleader for Revenue appearing on behalf of the respondent No.4

¶29

2 The petitioner approached the Court seeking the prayer as follows:

¶30

"......to issue a Writ, Order or direction more especially in the nature of mandamus declaring the action of the Respondents 2 to 5 in not setfling the petitioners final bills for execution of the work namely Repairs and Renovation to GHS NBT Nagar (Gowliguda, Banjara Hills, Shaiketpet (M),Hyderabad, M. Corporation (V), Hyderabad under MOMB-MBMB Scheme _U Dise Cocle 36220790229 covered by agreement No. 48 of 2022-23 dated 20 OI.2023 as illegal and arbitrary and therefore consequenfly direct the Respondent 2 to 5 to setfle the final bill for the subject work and make the payment immediately and to pass...,.

¶31

ilt

¶32

2

¶33

3 The case of the etiti rtn r f as^per the averme nts^mad eln^{the affidavit filedrn sut,Dort of} the Dresent Writ Petition^{is as under}

¶34

a) It is the case of the^{petitionerthat, the petitic'ner is a} registered Civil Contractor,^{and participated in tender process,} invited by Respondent^{No. 4 through online Tender nctice vide} proceedlng No. MOMB-MBiV 8/20222023/36220790229|OOOOO1,^{dated 18.01.2023,fo- tender} works namely^"Repairs and^{Renovationto GHS NB't Nagar,} (Gowliguda, Banjara Hills, Shaikpet,^{(M), Hyderabad.''}

¶35

b) It is further the^{case of the petitioner that the Fretitioner} emerged as a successful^{bidder and he was allottedthe said} tender. Subsequently,^{the Respondent No.4 entered into an} agreement with^{petitionervide agreement No. 48i2O22-23} dated 20.01.2023.

¶36

c) It is further the^{case of the petitioner that the l)etitioner} completed the allotted^{tender work by the nronth of} September, 2023,^{inaccordancewith the termsand} conditions of the said^{agreement. Subsequently,the same} was confirmed by the authorities^{while duly measlringand}

¶37

J

¶38

recording the concluded tender work in measu remen t book, raising no disputes against the petitioner. Further, the possession of the building was given to the school authorities.

¶39

d) It is further the case oF the petitioner that the Respondent authorities failed to ctear the bills by paying the amount around 34,OO,OOO/_ to petitioner since the petitioner had successfully completed the tender works. Aggrieved by the same, the petitioner had made several representations to the respective authorities, requesting for clearance of the said bills, but no response was received from the respondent authorities and the dues still remains unsettled. Aggrieved by the said action oF the Respondent Nos.03 & 04, the present Writ Petition has been filed.

¶40

s H R

¶41

Learned Assistant Government pleader for School Education appearing on behalf of the respondent Nos.1 to 3 brings notice of this Court that the grievance of the petitioner as put-forth in the present Writ petition is being considered and steps had atready been initiated for settling the final bills for execution of the work

¶42

r,l

¶43

4

¶44

namely "Repairs and Renovation^{toGHS NBT} Nagar, Gowliguda, Banjara^{Hills,Shaikpet(M),} Hyderabad, M.Corporation^{(V),Hyderabad, under} MOMB-MBMB Scheme- U Dise Code^{3622079'0229,} covered by agreement No.48^{of 2022'23.}

¶45

Learned Assistant Government^{Pleader for lichoo!} Education appearing on behalf^{of the respondent Nos.1} to 3 further requests two^{(02)months time for} setttement of the final bills^{for executionof the work} namely "Repairs and Renovation to^{GHS NBT l{agar,} Gowliguda, Banjara Hills, Shaikpet^{(M), Hyderabad,} M.Corporation (V), Hyderabad, under^MOMB-MBMB Scheme- U Dise Code^{36220790229, covert:d by} agreement No.48 ot 2022-23-

¶46

Learned counse! appearing on^{behalf <lf the} petitioner does not dispute the said submissions^made by the . learned Assistant^{Government Pleader for} Schoo! Education appearing^{on behalf of the respondent} Nos.1 to 3.

I I

, I

ry:

)

7

Ta tno nto considera tion:

¶53

a) The aforesaid facts and circumstances of the case.

¶54

b) The submissions made by the learned counset appearing on behalf of the petitioner, Learned Assistant Government^pleader for School Education appearing on behalf of the respondent Nos.l to 3 and learned Assistant Government pleader for Revenue appearing on behalf of the respondent No.4.

¶55

The Writ petition is disposed of directing the respondents to conctude the steps already initiated for settlement of final bills of the petationer for executaon of the work namely^..Repairs and Renovation to GHS NBT Nagar, Gowliguda, Banjara Hilts, Shaikpet (M), Hyderabad, M.Corporation (V), Hyderabad, under MOMB-MBMB Scheme- U Dase Code 36.22079C.229, covered by agreement No.4g of 2C22_23 within a period of eight (O8) weeks from the date of receipt of copy of the order as per the petitioner,s lawful entiflement. However, there shall be no order as to costs.

¶56

6

¶57

M iscella^{n eo u s} petitions, if, any, Pfnding^{sha Istand}

¶58

closed.

¶59

To,

¶60

SD/.P.PADMANT.BHA REDDY ASSISTANT REGISTRAR |-/\

¶61

//TRUE COPYII

¶62

secrr6r,r oFFtcER

¶63

The Secretary, E^ducation Department, Secretariat, The State of^.felangana, Hyderabad 500 022

¶64

Director of school Education and Ex. officio, state project Director, Samagra Shiksha, Hyderabad District, Telanqana State.

¶65

The District Educational Officer, and Ex-Officio, District project Officer, Samagra Shiksha, Hyderabad

¶66

The District collector and District Magistrate, Hyderabad District, collectorate Complex, Lakdi-ka-pool, Hyderabad :SOO OO+.'

¶67

The Exec-utive Enginee_r, TGEWTDC, District coilectorate comprex, B-301 and !Ql,3rd^{Floor, Sneha Sitver JubiteeBhavan,} Lakdi_ka-poot. UyaiiiiOaO-_ SOO 004.

¶68