Telangana High Court

WP/26610/2025 of YAVVARI SHANKAR RAO Vs The State of Telangana on 16 December 2025

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 26610 OF 2025 Between: AND 1 YAWARI SHANKAR RAO, S/o. Late Appala Swamy,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE SIXTEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 26610 OF 2025

Between:

AND

YAWARI SHANKAR RAO, S/o. Late Appala Swamy, aged about 5'1 years, Occupatron Business, R/o. H.No.1-1-'1079, Road No.6, Siddarthanagar, NIT

Post, Kazipet, Hanamkonda, Telangana State.

...PETITIONER

The State of Telangana, Represented by its Principal Secretary, I\,4edical and Health Department, Secretariat, Hyderabad The State of Telangana, represented by its Principal Secretary, Finance Department, Secretariat, Hyderabad

3. The Additional Secretary, Finance Department, for the State of Telangana at Secretariat, Hyderabad.'

4. National Health A/ission(NHlt/ ), Rep by its Commissioner, Health and Family Welfare, Hyderabad.

5. Telangana State Medical Services lnfrastructure Development Corporation(TSMSIDC), Rep by its lvlanaging Director

6. The Chief Engineer. Telangana State lvledical Services lnfrastructure Development Corporation, Hyderabad

7. The Superintendent Engineer, Telangana State tr4edical Services lnfrastructure Development Corporation Circle Warangal

8. The Executive Engineer, Telangana State Medical Services lnfrastructure Development Corporation, Rajiv Gandhi lnstitute of tvledical Sciences Division Adilabad.

9. The Deputy Executive Engineer, Telangana State tVedical Services lnfrastructure Development Corporation, Rajiv Gandhi Institute of IVIedical Sciences, Division Adilabad.

10. The Pay and Accounts Officer, Adilabad.

...RESPONDENTS

:. -.'

:a

Petition under Article 226 of the Constitution of lnc i circumstances stated in the affidavit filed therewith, the pteased to issue Order or direction more particularly a Wri.

other writs declaring the inaction of the Responderl'

certif ied/ad mitted amounts for works executed No.146/T5tt/lDCl2022-23, dated 09.03.2023, as arbitrary, ll Articles 14, 19(1Xg), and 300-4 of the Constrtution of lnd I

the Respondents to forthwith release the amount of Rs. 1 '1(

dated 08/01i2025 and Sth and Part bill Gross Value of bi I F

certified on dated 31 .05.2025 total net amount of Rs. 2,74,3

Cores Seventy Four Lakhs Thirty Thousand Six Hundred z r the petitioner along with 24 % interest Per Annum from the till actual date of payment.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the in the affidavit filed in support of the petition, the High Co; direct the direct the Respondents to forthwith release '

1,19,O9,8421- certified on dated 08.O1 .2025 and 5th and F:

bill Rs.. 1.55,20,8231- and certified on dated 31.05,2025 to'

2,74,3O,6651- (Rupees Two Cores Seventy Four Lakh Hundred and Sixty Five Only) to the petitioner along wrl Annum from the date of default/due to till actual date of pat't r praying that in the'

-ligh Court may be

rf [t/landamus or any

; in not releasing

under Agreement

)gal, and violative of

consequently d irect

09,8421- certified on

s 1,55,20,823i- and

) 665/- (Rupees Two

C Sixty Five Only) to

ate of defa ult/d ue to

:ircu mstances stated

1 may be pleased to

the amount of Rs.

1 bill Gross Value of

rl net amount of Rs.

'hi(y Thousand Six

t 24 ok interest Per

lent.

Counsel for the Petitioner: M/s. HYDERABAD LAW FIRM

Counsel for the Respondent No.1 & 4: SRI A.SRINIVAS, GP FOR MEDICAL T EALTH FW

Counsel for the Respondent No.2, 3 & 10: GP FOR FINANa - & PLANNING

Counsel for the Respondent No.S to 9: SRI RAMA RAO G,l {TANNAGARI, SC FOR TGMIDC

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.266 10 of 2025

L6.L2.2025

Between:

Yavvari Shankar Rao

... Petitioner

The State of Telangana& nine others

...Respondents

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ORDER:

Heard Sri A. Srinivas, learned counsel for the petitioner; learned Government Pieader for Medical, Health arrd Family Welfare, for respondent Nos. 1 and 4; learned Government Pleader for Finance Planning, for respondent Nos.2, 3 and 10 and Sri Rama Racr Gantannagari, learned Standing Counsel for Telangana Medical Infrastructr.rre Development Corporation, learned counsel for respondent Nos.5 to 9.

2. Learned counsel for the petitioner submits that the petitioner is a class-I civil contractor who undertook construction works relating to upgradation of PHC Boath from 6 bedded to 5O bedded CHC in AND I I

I Z Adilabad District pu^ suant to Agreement No.1!( dated O9.03.2O23. He submits that the petrri substantial portron of the work and submitted the which were duly measured, verified and certifiec authodties. He submits that the (tt, part bill i Rs.1,19,09,842 I w-as certified on 08.01.2025 ar.rl a gross value of Rs. I ,55,2O,823/ - u,as certtf r aggregating to a total net amount of Rs.2 ,7 4 ,3( that despite certification and admission of the b I have failed to release the said amounts till date rr i, valid reason. He further submits that non-paynL amounts is arbitrary and violative of Articles 14, the Constitution ol lndia and that the petitione . financial hardship due to the inaction of the respo: tTSMrDCl2022-23 ner has executec lihand 5rh part bills by the competenl r a gross value oi' the 5rh part bill for. c on 3 I .O5.2O25 . 't65/-. He submits s, the respondents h out assigning any n t of the admitted t(1)(g) and 3OO-A ol rs suffering severe len ts.

3. Learned counsel for the respondents doc not dispute the execution of the works by the petitioner or the :ertificat.ion of the aforesaid 4th and 5tt. part bills by the competcrr authorities. They further submit that the aforesaid bills are und e r process at higher f Ievels and payment could not be released ciue to administrative reasons and procedural formalities

4. This Court has considered the submissions of both sides and perused the material placed on record. It is not in dispute that the petitioner executed the w,orks under the aforesaid agreement and that the part bills in question u,ere dul)'measured, verified and certified by the competent authorities. Once the bills are certified and admitted, the respondents are under a legal obligation to release the payment within a reasonabie time. Withholding of admitted and certified amounts wjthout any legal impediment. stay order or statutory bar is arbitrary and unsustainable.

5. Accordingly, the Writ Petition is disposed of directing the respondents to release the admitted and certified amount of Rs.2,74,3O,665/- (Rupees Two Crores Seventy Four Lakhs Thirty Thousand Six Hundred and Srxty Five Only) towards the 4*' and 5th part bills submitted by the petitione., along with interest, if any, within a period of eight (B) weeks from the date of receipt of a copy of t I this order. No costs.

Pending miscellaneous closed. applications, if r n_v, shall stand sDi-s.l TALLTKARJUNA RAO \ AFsi',rrANr REG|STRAR I .,- /iTRUE COPY// To,

1. The Principal Secretary, I\4edical and Heal Hyderabad, State of Telangana

2. The Principal Secrelary, Frnance Depa(ment, Secre'z of Telangana.

3. The Additional Secretary, Finance Department, for th: Secretariat, Hyderabad.

4. The Commissioner, National Health lvlission (NHl4 Welfare, Hyderabad.

5. The tt/anaging Director, Telangana State Medical I Development Corporation(TS IVSIDC).

6. The Chief Engineer, Telangana State ttiledical S Development Corporation, Hyderabad

7. The Superintendent Engineer, Telangana Stah lnfrastructure Development Corporation Circle Warang i

8. The Executive Engineer, Telangana State l\rledical r Development Corporation, Rajiv Gandhi Institute of M,: Adilabad.

9. The Deputy Executive Engineer, Telangana St: lnfrastructure Development Corporation, Rajiv Ganril Sciences, Division Adilabad.

10. The Pay and Accounts Officer, Adilabad. 1 '1 . One CC to I\,4/s. HYDERABAD LAW FIRIVI, Advocate [ri

12. One CC to SRI RAMA RAO GANTANNAGARI, SC FCI

13. Two CCs to GP FOR MEDICAL HEALTH FW, Higt- Telangana at Hyderabad [OUT]

14. Two CCs to GP FOR FIANANCE & PLANNING, Higr Telangana at Hyderabad [OUT] 1 5. Two CD Copies BSR GJP qr T SECTION OFFICER { )P: rartment, Secretariat, 'iat, Hyderabad, State State of Telangana at , Health and Family ervices lnfrastructure :rvices lnfrastructure Medical Services ,ervices lnfrastructure rcal Sciences Division e Medical Services i lnstitute of Medical ,UC] IG|\illDC IOPUCI lourt for the State of Court for the State of

HIGH COURT DATED: 1611212025 i r.iE SIA ?u\ c

ORDER

WP.No.26610 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o li,r! Ll ._ rl Sr-:qrct-. ) it * ( 1a\ a) CX' I %r*€

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