I N THE HI GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5069 OF 2026 DATED : 12.03.2026 Between:

M/s. Kishore & Co., … Petitioner AND State of Telangana & Others …Respondents :: ORDER ::

Heard Sri R.Kishan Prasad, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Finance and Planning Department appearing on behalf of respondent No.1, learned Assistant Government Pleader for Panchyat Raj appearing on behalf of the respondent Nos.2, 5, 6 & 7, learned Assistant Government Pleader for Roads & Buildings appearing on behalf of the respondent Nos.3, 8 & 9 and Sri K.Balakrishna, learned standing counsel appearing on behalf of the respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ or Writs Order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents for not considering the representation of the petitioner date 21.01.2026 and not releasing the petitioners amount of Rs 50,04,595/ for works executed by the petitioner through agreements of Panhayath Raj and R and B Engineering Departments illegal arbitrary and voilative of Articles 14 and 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the Token/Cheque generation amounts due of Rs 50,04,595/- with interest forthwith...”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

The petitioner is a Class II civil contractor who undertook several road and construction works awarded by the Panchayat Raj and Roads & Buildings Departments in Karimnagar District under agreements dated 19.10.2022 and 11.04.2023. The petitioner had completed all the works to the satisfaction of the concerned authorities. Thereafter, the bills were duly processed and tokens were generated on 12.06.2024 and 03.07.2024 for a total sum of Rs. 50,54,731/-.Despite completion of the works and processing of the bills, the respondents have failed to release the said amounts. The petitioner had submitted several representations requesting release of the dues, including one dated 03.05.2025 through his association and another on 21.01.2026, but no action has been taken yet by the respondents. Aggrieved by the same, the petitioner had approached this Court by filing the present writ petition, seeking a direction to the respondents to release the pending amounts along with applicable interest.

4. PERUSED THE RECORD :

(A) The averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition in particular paragraph Nos.2 & 3, are extracted hereunder:

2. The present writ petition is filed to declare the action of the respondents for not releasing the amounts of Rs.24,61,254/- with interest from Token/Cheque Generation, date 12.06.2024 by the respondents i.e., Panchayat Raj Department and Finance Department for the releasing of payments as per the Agreement No.07/SE/2023-24 dt.11-04-2023.

DESCRPTION OF THE WORKS AWARDED BY THE PANCHAYAT RAJ ENGG.DEPARTMENT DETAI LS OF PENDI NG PAYMENT WI TH TOKEN NOS AT PAO LMD COLONY KARI MNAGAR

3. Description of the works awarded by the R&B Engg.

department periodical Renewal to balance to the Gangadhara cross Road ithupally road from KM 0/0 to 0/4 including R U B Approach in Karimnagar District.

Agreement No.2022-23 dated 19.10.2022, pending amount below token No.at PAO LMD Colony, Karimnagar for release.

Not releasing above payments by the respondents as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India.

(B) The relevant portion of the judgment dated 08.03.2019 passed in M/ s. Surya Constructions Vs. State of Uttar Pradesh and others reported in (2019) 16 SCC 794 passed by the Two Judge Bench of the Apex Court in Civil Appeal No.2610 of 2019 (Arising out of SLP (C)