IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
HON’BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.16117 OF 2026
DATE: 05.05.2026
Between :
Sri S.Suryanarayana Murthy
… Petitioner
A n d
The State of Telangana & Others
… Respondents
ORDER:
Heard Sri A.Yadava Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Finance & Planning appearing on behalf of the respondent Nos.1 to 3, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.4 & 5 and learned Assistant Government Pleader for Panchayat Raj & Rural Development appearing on behalf of the respondent Nos.6 & 7.
2. The petitioner approached this Court seeking the prayer as under:
“…to issue an order or direction or a Writ, more particularly one in the nature of a writ of “Mandamus” declaring the action of the respondents in not releasing an amount of Rs.22,47,741/- towards the civil works executed by the petitioner, sanctioned under Special Development Funds for Welfare and Developmental Activities in Andole and Medak Constituencies despite the works have been completed in all respects as per the agreements, as being illegal, arbitrary, in violative of Article-14,19 (1)g, 21 of the Constitution of India and consequently direct the respondents here in to release/pay an amount of Rs.22,47,741/- due to the petitioner along with 18% interest from the date of actual due and payment and pass…”
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 registered civil contractor. The Petitioner was sanctioned various development works under G.O. Rt. No. 22 dated 30.01.2024 issued by the Government of Telangana under Special Development for Welfare and Developmental activities Funds in Andole and Medak constituencies. Pursuant to which the District Collector, Medak, accorded administrative sanction through proceedings dated 26.02.2024 and 15.03.2024, which were subsequently revised on 28.03.2025 and 05.12.2025. The Executive Engineer and Deputy Executive Engineer awarded multiple works to the petitioner, who entered into agreements in April 2025 and executed the works within the stipulated time. The works had been duly recorded and verified in the Measurement Books by the concerned authorities. Accordingly, bills were prepared and forwarded, and PD account cheques bearing Nos. 2600531398 dated 12.06.2025 and 2602628610 and 2602628733 dated 24.12.2025 were issued for a total amount of Rs.22,47,741/-. Despite issuance of cheques and completion of all formalities, the respondents had failed to release the payment to the petitioner. Aggrieved by the inaction and prolonged delay of over one year, the petitioner had approached this Court by filing the present writ petition seeking release of the due amount with interest.
4. PERUSED THE RECORD:-
(A) 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 that there is no dispute as to the amount that has to be paid to the appellant. Despite this, when the appellant knocked at the doors of the High Court in a writ petition being Writ Civil No.25126 of 2014, the impugned judgment dated 02.05.2014 dismissed the writ petition stating that disputed questions of fact arise and that the amount due arises out of contract. We are afraid the High Court was wholly incorrect inasmuch as there was no disputed question of fact. On the contrary, the amount payable to the appellant is wholly undisputed. Equally, it is well settled that where the State behaves arbitrarily, even in the realm of contract, the High Court could interfere under Article 226 of the Constitution of India [ ‘ABL International Ltd. and Another v. Export Credit Guarantee Corporation of India Ltd. and Others’ (2004 (3) SCC 553)].
This being the case and the work having been completed long back in 2009
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