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.3347 OF 2026 DATED : 02.03.2026 Between:

Sri Nanda Mahender, S/o. Late Sri Nanda Sailu, Age 56 years, Occ: Contractor, R/o. H.No.13-74, Bairam Nagar, Kolanupaka Alair Mandal, Yadadri Bhuvanagiri District - 508116. … Petitioner AND

1. State of Telangana, Rep., by its Principal Secretary, Rural Water Supply and Sanitation Department, Secretariat, Hyderabad.

2. State of Telangana, Rep., by its Principal Secretary, Department of School Education, Secretariat, Hyderabad.

3. State of Telangana, Rep., by its Chairman, Finance Commission, Panjagutta, Hyderabad.

4. The Executive Engineer, MB (INTRA) Division, Bhongir, Yadadri Bhongir District. …Respondents :: ORDER ::

Heard Sri Bommera Rahul Kumar, learned counsel appearing on behalf of the petitioner; learned Assistant Government Pleader for Finance and Planning Department appearing on behalf of respondent No.3.

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

“…to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the respondents in not releasing the admitted, undisputed, certified work done payments of Rs.27,95,612/- in respect of works completed despite recommendation by the 4^th respondent by issuing Token/FTO Numbers pending from 2023 and not even considering the petitioner’s request dated 27.01.2026 for release of admitted payments as unjust, illegal, Arbitrary, and in violation of Articles 14 and 19 of Constitution and also contrary to law laid down by Hon’ble Supreme Court and other Hon’ble High Courts and consequently direct the respondent to release immediately the pending and undimmed bill amount of Rs.27,95,612/-

along with interest @ 18% P.A and to 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 was awarded the work of “Providing infrastructure facilities and repairs of ZPHS Rayagiri, Yadadri Bhongir District” pursuant to e-procurement notice dated 26.09.2022 issued by the 4^th Respondent/Executive Engineer. Being the lowest bidder, the work was entrusted to the petitioner vide Agreement dated 26.11.2022 for a contract value of Rs.36,78,218.13/-. The Petitioner completed the work within the stipulated period to the satisfaction of the authorities, and the same was duly recorded, checked, and certified by the departmental officials. Subsequently, the bills were processed and several Token/FTO numbers were generated between 03.08.2023 and 10.02.2024, confirming that the payments were admitted and ready for release. Despite certification and issuance of FTOs, the respondents failed to release the pending amount of Rs.27,95,612/- for more than two years. The Petitioner submitted a representation dated 27.01.2026 seeking payment but however, the respondents didn’t take any action. 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