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.35381 OF 2025 DATED : 25.03.2026 Between:

M/s. BPR Infrastructure Pvt.Ltd.

Rept.by its Managing Director Sri Baddam Prabhakar Reddy.

… Petitioner AND State of Telangana and others.

…Respondents :: ORDER ::

Heard Hyderabad Law Firm, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Tourism appearing on behalf of the respondent No.1, Sri P.Venktaeshwar Rao, learned standing counsel appearing on behalf of the respondent Nos.2 & 4 and learned Assistant Government Pleader for Finance & Planning appearing on behalf of the respondent No.3

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

“…to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus

1. Declare the inaction of the Respondents in not releasing certified amounts for works executed under Agreement No. 01/SE/TSTDC/Agmt/202324, dated 10.04.2023 and Supplemental Agreement, dated 13.09.2023 as arbitrary, illegal, and violative of Articles

14, 19(19)(g) and 300-A of the Constitution of India;

Consequently direct the Respondents to release the certified amounts of 3rd Part bill of Rs. 5,38,56, 036. 00/Gross, dated 16.02.2024, 4^th Part bill of Rs. 7,24,23,605.00/Gross, dated 26. 03. 2024, 5^th Part bill of Rs.2,31,137.00/Gross, dated 28.06.2024, 6^th and Final bill of Rs. 2,52,70,761 00/ Gross, dated 01. 07.

2025.

Total=17, 46, 63, 539.00/ (Rupees Seventeen Crore Forty Six Lakhs Sixty Three Thousand Five Hundred and Thirty Nine Only) with 24 % interest per annum from the default/ due date to till actual date of payment...”

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 Special Class Civil Contractor. The petitioner participated in a tender invited by the respondents for the construction of a Budget Hotel at Mahabubnagar and emerged as the L1 bidder. Pursuant thereto, an agreement was executed on 10.04.2023. Subsequently, the petitioner completed the entrusted works despite initial site constraints, and the same were duly measured, certified, and approved by the competent authorities. Accordingly, part bills and the final bill were raised between February 2024 and July 2025. However, despite such certification and in the absence of any legal impediment, the respondents failed to release the admitted dues amounting to Rs.17,46,63,539/-. Due to such inaction, the petitioner has suffered severe financial hardship, including loan defaults and unpaid statutory dues. Hence, the petitioner approached this Court by filing the present writ petition.

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 No.7, is extracted hereunder:

7. I respectfully submit that due to the withholding of certified payments, I am suffering severe financial distress, including loan defaults, interest liabilities, statutory dues, and wage arrears. The following certified amounts remain unpaid under Agreement No.1/SE/TSTDC/Agmt/2023-24 dated 10.04.2023.

3rd Part bill of Rs.5,38,56,036.00/-Gross, dated

16.02.2024

4th Part bill of Rs.7,24,23,605.00/-Gross, dated

26.03.2024

5th Part bill of Rs.2,31,137.00/-Gross, dated 28.06.2024

6th and Final bill of Rs.2,52,70,761.00/-Gross, dated

01.07.2025 Total: 17,46,63,539.00/- (Rupees Seventeen Crore, Forty Six Lakhs, Sixty Three Thousand, Five Hundred and Thirty Nine Only)

(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) No.29505 of 2014), is extracted hereunder:

“…It is clear, therefore, from the aforesaid order dated 22.03.2014 th