Telangana High Court
WP/28426/2008 of J. Narender Vs Osmania University rep. by its Registrar, on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28426 of 2008 Between: J. Narender S/o. Sudershan R/o. H.NO.8-43/4/10, Balaji
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28426 of 2008
Between:
J. Narender S/o. Sudershan
R/o. H.NO.8-43/4/10, Balaji Hills, Boduppal, R.R. District.
..... PETITIONER
AND
1 Osmania University rep. by its Registrar, Hyderabad-500 007.
2 The finance Officer, Osmania University, Hyderabad-500 007.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to declare the action of the respondent in not releasing theamount of Rs.3,54,954/- after deducting VAT and TDS due to thepetitioner as illegal and arbitrary by issuing appropriate writ, order ordirection more particularly in the nature of Mandamus and consequentlydirect the respondents to pay an amount of Rs.3,54,954/- to the petitionerwith 12% interest from the date when it became due and pass Counsel for the Petitioner:MR.K.RAMA SUBBA RAO
Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE
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ORDER
It is the case of the petitioner that he is a registered civilcontractor and is doing the said business for the last more than 15years. A contract for repairs of toilet blocks of NRS Hostel at OUCampus was initially allotted to somebody and as the saidconstruction was not satisfactory, the same was entrusted to thepetitioner. As per the revised estimation, the cost of the said workwas estimated at Rs.6,25,105/- and an administration sanction wasalso accorded by the Vice Chancellor and thereafter, the petitionercompleted the entire construction by 26.1.2006. During the course ofconstruction though certain amounts were paid to the petitioner, anamount of Rs.3,54,954/- is due to him. The Executive Engineer videletter dated 5.6.2008 also informed the University authorities to theeffect that the work was completed and the petitioner is entitled forthe said amount. On the basis of the said letter, the petitionerapproached the respondent-authorities and gave a representation on26.5.2008 requesting them to release the funds, but in vain. Hence,he approached this Court and filed the present writ petition.
Having heard the learned counsel for the petitioner and thelearned Standing Counsel for Osmania University, this Court is of theview that this writ petition can be disposed of at the admissionstage.
When once the Executive Engineer has addressed a letterdated 5.6.2008 stating that the petitioner has completed the work andis entitled for payment of balance amount of Rs.3,54,954/-, therespondents are duty bound to pay the said amount to him. Further,the said factual aspect was also brought to the notice of the respondents by way of representation dated 26.5.2008. Therefore, therespondents are directed to consider the said representation andpass necessary orders within a period of six weeks from the date ofreceipt of a copy of this order. If the petitioner is entitled forpayment of the said amount, the same shall be paid to himimmediately after passing of the said orders.
Writ petition is accordingly, disposed of. No costs.
Note: Issue CC by one week.(B.O) rkk
__________29-12-2008