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.7259 OF 2026 DATED: 10.03.2026 Between:

D. Shankaraiah … Petitioner AND The State of Telangana, Rep. by its Principle Secretary, Finance and Planning Department, Secretariat, Hyderabad and others …Respondents

ORDER

Heard Sri S. Sridhar, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Finance and Planning appearing on behalf of the respondents.

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 declaring the action of respondents in not releasing the amounts vide token nos.2445838948 dated 06.01.2024, 2458559853 dated 20.03.2024, 2511696764 dated 03.06.2024, 2517352732 dated 04.07.2024 and 2523535021 dated 30.12.2024 pertaining to the works carried out by the petitioner viz., are FDR to Baosaipet - Venkatraopet Road at Km 0/0 - 0/6 and Km 0/8 to ½ in Rajanna Sircilla District (Temporary Restoration), FDR to Vemulawada Vattemula Road at Ks 2/2-6 in Rajanna Sircilla District, Construction of CC Drain, Construction of CC Drain & CC Roads and Construction of CC Drain & CC Roads as illegal, arbitrary and in violation of Article 19(1)g of Constitution of India and consequently direct the Respondents to release the amounts vide token nos. 2445838948 dated 06.01.2024, 2458559853 dated 20.03.2024, 2511696764 dated 03.06.2024, 2517352732 dated 04.07.2024 and 2523535021 dated 30.12.2024 pertaining to the works carried out by the petitioner viz., are FDR to Baosaipet - Venkatraopet Road at Km 0/0 0/6 and Km 0/8 to ½ in Rajanna Sircilla District (Temporary Restoration), FDR to Vemulawada Vattemula Road at Ks 2/2-6 in Rajanna Sircilla District, Construction of CC Drain, Construction of CC Drain & CC Roads and Construction of CC Drain & CC Roads and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

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:

i) The petitioner is a Class-III (Civil) contractor and was awarded municipal works including road restoration and construction of CC drains and CC roads in Vemulawada Nagarapanchayat by the Roads and Buildings Department through the tender process in Rajanna Sircilla District.

ii) The petitioner completed the entrusted works to the satisfaction of the respondent authorities. After verification, the authorities sanctioned the payable amounts and issued payment tokens bearing Nos. 2445838948 dated 06.01.2024, 2458559853 dated 20.03.2024, 2511696764 dated 03.06.2024, 2517352732 dated 04.07.2024 and

2523535021 dated 30.12.2024.

iii) However, despite issuance of the tokens and completion of the works, the respondents have not released the due payments till date. Aggrieved by the same, the petitioner has approached this Court by filing the present writ petition.

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 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 whol