P.Madhu Babu Vs The State of Telangana

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

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WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 351 OF 2026

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Between:

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P.Madhu Babu, S/o. P.Pentaiah, Aged 49^years, Occ: Business,^{Ryo. 5-4-} 29l1, Bhavani Colony, Rajendranagar,^Hyderabad, Telangana.

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PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary,^Education Department, Secretariat, Hyderabad,^Telangana

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The Director of School Education and Ex-Officio State Project^Director, Samagra Shiksha, Hyderabad, Telangana.

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3, The District Educational Officer and Ex-Officio District^{Project Officer,} Samagra Shiksha, Hyderabad Diskict,^Telangana.

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The District Collector, Hyderabad District, Telangana.

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Telangana State Medical Services lnfrastructure Development^Corporation, TSI,{SIDC Building, DM & HS Campus, Sultan Bazar,^{Koti, Hyderabad,}

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' Represented by its Managing Director.

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The Executive Engineer, Telangana State^Medical Services^{lnfrastructure} Development Cor[oration, TSI/'SIDC Building,^DM &^{HS Campus,Sultan} Bazar, Koti, Hyderabad.

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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 therewith, the^{High Courtmay be} pleased to issue a writ, direction or order more^particularly one in the nature of^a Writ of Mandamus, declaring the aggrieved by the inaction of^the respondentsⁱⁿ not releasing the approved bill amounts to the^{petitioner in respect of the works} executed under the Agreement No.13/EE/TSMSIDC/Hyd-Divn/2023-24^dated 26lOSt2O23 in Government Primary School, Dhoolpet,^{R.K.Pet, Hyderabad, under} the Mana Basti - Mana Badi^programme, as being illegal, arbitrary,^{contrary to the}

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provisions of the Telangana State Sand tvlining Rules. 1015 and violation of Article 14 of the Constitution of lndia and consequently to⁽ irect the respondents to forthwith release the approved bill amounts to the^pelili, ner in respect of the works executed under the Agreement No.13/EE/TSMSI )ClHyd-Divnl2023-24 dated 26-05-2O23.

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lA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the c r lumstances stated in the aff idavit filed in support of the petition, the High Cor r may be^pleased to direct the respondent no.5 to consider the petitioner's reprel )ntation dated 23-1 1- 2024,^pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI CH. SATYA SADHAN

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Counsel for the Respondents Nos.1 to 3:: GP FOR SCHO() . EDUCATION

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Counsel for the Respondent No.4: AGP FOR REVENUE

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Counsel for the Respondents Nos.5 & 6: SRI G.RAMA RA() SC FOR TSMSIDC

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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WRIT PETITION No.351 of 2026

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Dated : 07.OL.2O26

Between

P. Madhu Babu

.... Petitioner

AND

The State of Telangana rep. by its Principal Secretary, Education Department Secretariat, Hyderabad, Tela nga na.

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... Respondents

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ORDER:

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Heard Sri Satya Sadhan Chalamala, learned counsel appearing on behalf of the petitioner. learned Assistant Government Pleader for School Education appearing on behalf of the respondent Nos, 1 to 3, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent No.4 and Sri G. Rama Rao, learned Standing Counsel for Telangana State Medical Services Infrastructure Development Corporation, appearing on behalf of respondent Nos. 5 and 6.

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The petitioner approached the Cou - seeking the prayer as follows:

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"......to issue a Writ, direction or oir er more particularly one in the nature of Writ of tv. )ndaml.ts declaring the aggrieved by the inactic- of the respondents in not releasing the app - ,ved bill amounts to the petitioner in respect of 1l e works executed under the Agreement No. 13l EEl t;MSIDC/ Hyd-Divn/2023-24, dated 26.O5.2023 in Gcr ernment Primary School, Dhoolpet, R.K. pet, Hyderarr rd under the Mana Basti- Mana Badi programme, , s being illegal, arbitrary, contrary to the provisiorr of the Telangana State Sand Mining Rules, 2( t5 and violation of Article 14 of the Constitution of I rdia and consequently to direct the respondents to f )rthlvith .^{release the approved bill amountsto} the^peti ioner in respect oF the works executed under the A(l eement No.13/EE/TSMSIDC/ Hyd-Divn/2023-24 dated 26.05.2023 and pass....'.

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The case of the Detitloner ln brief _ as per the averments made in t e affidavit filed !n srl roort of the Dres ent Writ Petition ls as un er:-

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The petitioner had submitted Tender in resp) tse to Tender Notice No.B-4IEEITSMSIDC/Hyd.Divn/ZO2Z-,,r, dated 07.06.2022 for the work titled "Comprehensive nfrastructure

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Development at Government Primary School, Dhoolpet,^{R.K. Pet,} Hyderabad - Mana Basti Mana Badi^(1Oth call)".^{The respondent} No.6 accepted the tender of the^petitioner vide Lr.No.^EEl TSMSIDC/Hyd-Dvn-l/MBMB/SD.EyelLOA/2022-23, dated 16,02.2023 and pursuant thereto an agreement^dated 26.05.2023 was entered into between the^{respondent No.6and} the petitioner. The petitioner executed the work^and a bill^of Rs.4,86,763/- was^passed on 01.09.2023, out of which^an amount of Rs.26,716l- was retained as earnest^{money deposit} and another bill for Rs.10,14,647 l- was^passed on^01.09.2023, out of which Rs.9,58,L621- is^payable to the^{petitionerand} Rs.56,485/ was retained as earnest money deposit.^The petitioner submitted a representation dated 23.11.2024 to the respondent No.4 requesting to release the^pending amounts^but the same has not been considered till date.^{Aggrieved thereby} for not releasing the approved bill amounts to the^{petitioner in} respect of the works executed by the^petitioner under^the Agreement dated 26.05.2023, the^petitioner approached^the Court by filing the^present writ^petition.

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PERUSED T E RECORD

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DISCUS ION AND CONCLUSION

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Lea ned cou nsel aDoea lno o bt ha lf of the

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Detitio n er uts forth the followin q submlssto ts:

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(a) The petitioner had been awarded wo I anrounting to Rs.38,51,968/- (Rupees Thirty Eight Lakhs Fifrr One Thousand and Nine Hundred and Sixty Eight only) pertaining to Infrastructure Development at Govt. primary Sr l ool, Dhoolpet, R.K. Pet, Hyderabad through Mana Basti Mana Ba: (1Oth Call). (b) A letter of correspon.lnce vide

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Lr. No. EEITSMSIDC/Hyd - Dvn - I/M BM B/S D .Ey e / LO A t tOZ2_23, dated 16.02.2023 had been issued to the petitcner and the petitioner had accordingly executed works as ler the letter issued to the petitioner dated L6.02.2023 by he Executive Engineer, TSMSIDC, Hyderabad Division_I.

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(c) Though the petitioner had completed he said work with an estimate cost oF Rs.51,22,324/-, the Gcr ernment had released an amount of Rs.16,00,000/ towards the r ork executed by the petitioner, and the balance amount of t,.:.35,22,324/_ had not been released to the petitioner even as on c ate.

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(d) The petitioner had made a detailed r.r presentation dated 23.11.2024 to the 4th respondent herein ar,r though the said representation had been acknowledged by thr: office of the

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4th respondent herein on 28.11.2024 itself,^yet no action has been initiated as on date and the^pending amount of the petitioner had not been released putting the petitioner herein to serious ha rd sh ip.

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(e) The limited relief the petitioner seeks is a direction to the respondent No.4 to consider the^grievance of the^petitioner as put forth by the petitioner vide representation dated 23.1L.2024 for release of the funds under the grant of^'Mana Vooru Mana Badi'^programme and to release approved bill amounts in respect of works executed under the Agreement No.13/EEITSMSIDC/ Hyd-Divn/2023-24, dated 26.05.2023 as per the letter issued to the petitioner dated 16.02.2023 of the Executive Engineer, TSMSIDC, Hyderabad Division-I, as^per petitioner's legal entitlement

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Based on the aforesaid submission the learned counsel appearing on behalf of the^petitioner contends that the petitioner is entitled for the relief as^prayed for by the petitioner in the present writ^petataon.

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The learned 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

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behalf of the respondent No.4 do not dis )ute the said submissions made by the learned counsel appear ng on behalf of the petitioner.

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6. Takinq in o considerat on:

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(a) The aforesaid facts and circum!;i ances of the

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case.

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(b) The submissions made by the ler rned counsel appearing on behalf of the petitioner, Learr ed Assistant Government Pleader for Schoot Education ; ppearing on behalf of the respondent Nos.l to 3 anc the learned Assistant Government pteader for Revenue i ppearing on behalf of the respondent No.4,

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(c) The contents of the letter of cor.espondence vide No.EEITSMSIDC/Hyd-Dvn-I/MBMB/ St) Eye/ Loa/ 2022-23/, dated L6.O2.2O23 issued by tl"e Executive Engineer, TSMSIDC, Hyderabad Divisior.I, to the petitioner, and the Agreement dated 26.O5.20 23 executed in favour of the petitioner herein,

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The Writ^petition is disposed of di.ecting the respondent Nos.2 and 4 to consider the griev rnce of the

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petitioner as put forth vide petitioner's representation dated 23.11.2024 seeking release of the pending dues and the balance amount for the works executed by the petitioner as per the letter dated 16.02.2O23 issued to the petitioner by the 6th respondent herein under the Agreement No. 13/ EEITSMSIDC/ Hy d- Div n / 2O23-24 dated 26.05.2023 and pass appropriate orders as per petitioner's legal entitlement within a period of 1O days from the date of receipt of a copy of the order. However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if

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any pending, in the Writ Petition shall also sta^nd closed.

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//TRUE COPY//

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Sd/.S.MALLIKARJUNA RAO ASSISTANT REGISTRAR 6

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SECTION OFFICER

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To,

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1 . The Principal Secretary, Education Department, Secretariat, Hyderabad, Telangana.

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The Director of schoor Education and Ex-officio state project Director, Samagra Shiksha, Hyderabad, fetangJna.^{- - -'*'' '}

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3 The Districi Educationar officer and Ex-officio Diskict project officer, Samagra Shiksha, Hyderabad Olitiict, fef lnga-na.^{""' '}

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The District Collector, Hyderabad District, Telangana.

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5 The ltilanaging Director.Telangq!? State Medical Services tnfrastructure Devetopment Coroorarion, TS-MSIDC Buitding, bM inA HS C"riir".',3rftrn Bazar, Koti, Hydeiabad.

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The Executive Engineer, T9!q1g-a1a State Medical Services lnfrastructure IJevelopment Corporation, TS|\4-"S IDC Building, DM i"O ttS Cim-p,]s, S-,.ilian Bazar, Koti, Hyderabad.

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