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M/s. Keshava Constructions v. The State of Telangana

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2025-12-30. M/s. Keshava Constructions v. The State of Telangana. Read the judgment and case details on...

Judgment text

I [ 31831 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY PETITIO OF Between: M/s. Keshava Constructions, Rep. by its Proprietor Mallam Sathyanarayana, H. No. 2-5, Tara Nagar, Serilingampally Sangareddy, ,Hydeiabad, Rangareddy, PIN - 500019. ... PETITIONER D 1. The State of Telangana, Rep by its Principal Secretary, Municipal Administration and-Urban Development, Hyderabad, Telangana State. 2. The Commissioner, Greater Hyderabad Municipal Corporation (GHMC)' GHMC Head Office, CC Complex, Tank Bund Road, Hyderabad - 500 063 3. The District Collector, Medchal-Malkajgiri Dishict, Collector and District Maqistrate, lnteqrated District Office Complexes, Anthaipally Village, I Shimeerp6t Ma-ndal, Medchal-Malkajgiri District, Telangana - 500078. Municipal 4.

The Deoutv Commissioner, (Circle-23) Greater Hyderabad Nagar, Comoritioir (GHMC), AG1 Colony, Moosapet Cross Road, Janta Modsapet, Hyderabad, Telangana-50001 8. 5. The Excecdtive Engenier, Greater Hyderabad Municipal Corporation. (GHMC)' - -otony, Hyderabad, eGt Moosipet Cross Road, ianta Nagar, Moosapet, Telangana-SO0018. :l Chittaramma Nagar, 6. The Divisional Accounts Officer, (DAO). 12-'14-8, Moosan;f Hyderabad - 500018. ... RESPONDENTS praying that in Petition under Article 226 of the constitution of lndia the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly in the nature of a writ of Mandamus, declaring the action of Respondent No. 2-5 in the failure to release the payment which has fallen due and payable as on 30-01- 2024.

And to hold the actions of the Respondent 1-5 for non-release of legitimate dues as illegal, arbitrary, without due process of law, and violation of the Petitioners fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of lndia, and consequently direct the Respondent no. 2-S to release payments of Rs. 23, 60,338/- along with P. 1 interest of 1B pERCENT from the date of the work completion and certification till the actual date of payment. Further to direct the respondent to rblease the payment and p. 1 without further delay and without any conditions . lA NO: 1 OF 2025 Petition underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent Nos.

2 to 5 to immediately release the admitted payment of Rs'23,60,338/- (Rupees Twenty-Three Lakhs Sixty Thousand Three Hundred Thirty-Eight only) along with penal interest at 1}o/o per annum from the date of completion and certification of the work until the actual date of payment, without any further delay or conditions. Counsel for the Petitioner:SRl. SHASHIKANTH ,B counsel for the Respondent No 1: Gp FoR McpL ADMN URBAN DEV Gounsel for the Respondents No 2,4To 5: SRI K. RAVI MAHENDER, sc FoR Counsel for the Regpondent No 3: Gp FOR REV::rj The Court made the following: ORDER a OF TELANGANA FOR THE STATE COURT IN THE HIGH AT IIYDERABAD REDDY B' VIJAYSEN SRI JUSTICE HONOURABLE 30'12 '2025 ORDER: DATE OF Between: Constructions . Petitioner IWs. Keshava AND Telangana The State of SecretarY by its Principal n"rt"*",ed and u1b9 Development ilffii;;ino*i"i*;ffi and others Hyderabad S""'"lutiut' .

ResPondents Department, (ORAL) ORDER: Thiswritpetitionisfiledseekingtodeclaretheactionoftherespondent authoritiesinnotreleasingtheadmiuedamountofRs. 23,60,33S/. (Rupees twentythreelakhssixtythousandthreehundredandthirtyeightonly)tothe petitionerfortheworkofconstructionofprotectionofWattfromPochamma TempletoKabeerNagarNatainAvanthiNagarThota,Moosapet,Ward No. llT,Moosapetctrcle-23,Kukatpallyzone,GHMC,pursuanttotheletter and unconstitutional' as being i[,egal, arbitrary dated 01. 09. 2023, of acceptance 2. HeardMr. B. Shashikanth,learnedcounselforthepetitioner;Mr. K. Ravi Mahender,learnedStandingCounselforGHMC,appearingforrespondents the material on record No. 2,4 and 5; and Perused l for GHMC, basing on the written 3. Learned Standing Counsel sanction for the work undertaken by instructions, submitted that administrative by respondent No'3 of Rs.

23,60,338/- was accorded the petitioner for the value Programrne (CDP) of Kukatpally under the Constituency Development of the was entrusted to respondent No'2 for execution Assembly Segment and an executing authority and as per CDP work. Respondent No. 2 is only guidelines. the payment can be released only after receiving the funds from respondent No. 3. It is further submitted that respondent No. 3 vide letter dated 03. 07. 2024 issued post-dated cheque bearing No. 2516975638 dated 02. 07. 2024 for an amount of Rs. 23,60,33g/- in favour of respondent No. 2 towards the work execut€d by the petitioner, but so far, the funds have not been adjusted in the GHMC account. 4. In view of the admission of the petitioner's claim of Rs. 23,60,338/-, this writ petition is allowed. Respondents No. 2 and 3 are directed to release the amount of Rs. 23,60,33g/- towards the work of construction of protection of a wall from Pochamma Temple to Kabeer Nagar Nala in Avanthi Nagar Thota, Moosapet, Ward No.

ll7, Moosapet Citc\e-23, Kukatpally Zone, GHMC, executed by the petitioner pursuant to the letter of acceptance dated 01. 09. 2023, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs' l As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed. SD/. A. H. S. GOWRI SHANKAR ISTANT REGIS /,TRUE COPY// SECTION OFFICER To, lThePrincioalsecretary,MunicipalAdministrationandUrbanDevelopment, State of T6langana, Hyderabad, Telangana State' (g[YPi^^ 2. The Commissioner, Greater Hyderabad Municipal Corporation - 500 063 Tank Bund Road, Hvderabad -cn-nrCieJ;-Ctff6. j, CC Comptex, collector and District 3.

The District collector, Medchal-Malkajgiri District, -i,ffi';ii;i;; tntegratea District office Complexes, Anthaipallv villag-e'- 500078' 5'#;;;;#i ffiiaii,-Hlteocnat-rrltalkajsiri District, Telanga na - (Circle-23) Greater Hyderabad Municipal 4 The DeDutv Conmissioner, ' a;;;ti"-fi reHutdt, AGf iolonv, Mriosapet cross Road, Janta Nagar' Modsapet, Hyderabad, Telangana-500018. s The Excecutive Enqenier, Greater Hyderabad Municipal corporation. (GHMC)' -' RGI Cobny, Moosd"pet Cross Road, Janta Nagar, Moosapet' HyoeraDao' Telangana-S0O018. 6. The Divisional Accounts Officer, (DAO). 12-'14-8, Chittaramma Nagar' Moosapet, HYderabad - 500018. 7. One CC to'SRl. SHASHIKANTH. B, Advocate [OPUC] B. TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof "' ' i;la"d;;*ivoeranaa ' fourt SC FOR GHMC, 9. ONC CC tO SRI RAVI MAHENDER, [OPUC] lo. TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad. [OUT] 11. Two CD CoPies DAN BS / HIGH COURT DATED:30/1 212025 ORDER WP. No.

40033 of 2025 IJF $ \ + ss' " \qb e;1 (i: .. -:. ::.. ' !. ALLOWING THE WRIT PETITION I WITHOUT COSTS s \ *- \ (,

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.