N.Shiva Kumar vs. The State Of Telangana
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The petitioner, N. Shiva Kumar, a contractor, filed a writ petition against the State of Telangana and various government departments. The petitioner sought the release of the final bill for construction of Double Bedroom Houses and infrastructure works, amounting to Rs. 3,28,42,362, after deducting the already paid amount of Rs. 2,97,77,037, leaving a balance of Rs. 30,71,325. Additionally, the petitioner claimed statutory VAT/GST dues of Rs. 40,90,654, security charges of Rs. 5,00,000 per annum for watch and ward services, and bank interest on delayed payments from the completion date of July 30, 2018. The petitioner had submitted a representation on June 20, 2025, to the respondents, but no action was taken. The work was awarded based on a tender notification dated February 4, 2017, with an estimated cost of Rs. 2,65,74,470, and the petitioner was declared the successful bidder for Rs. 2,64,79,757.09. The agreement was concluded on June 19, 2017. The petitioner claims to have completed the work by July 30, 2018.
Held
The Court disposed of the writ petition by directing the respondent authorities to consider the petitioner's representation dated June 20, 2025. The Court explicitly stated that it was passing this order without expressing any opinion on the merits of the case. The respondents were instructed to pass appropriate orders strictly in accordance with the law, in coordination with other respondents. The operative direction was for the respondents to consider the representation and pass orders. No specific findings were made on the legality or arbitrariness of the inaction, nor were the specific amounts claimed by the petitioner adjudicated upon. The issue of whether the petitioner is entitled to the release of the final bill amount, VAT/GST dues, security charges, and interest was not decided on merits.
Key Issues
1. Whether the inaction of the respondents in releasing the final bill amount, statutory VAT/GST dues, security charges, and bank interest on delayed payments is arbitrary and illegal, violating Articles 14, 19(1)(g), 21, and 300 of the Constitution of India? 2. Whether the petitioner is entitled to the release of the remaining final bill amount of Rs. 30,71,325, statutory VAT/GST dues of Rs. 40,90,654, security charges of Rs. 5,00,000 per annum, and applicable interest from July 30, 2018? Petitioner's arguments: The petitioner argued that the respondents' failure to release the final bill, statutory dues, security charges, and interest, despite the completion of the work and submission of a representation, is arbitrary, illegal, and a violation of constitutional rights. The petitioner relied on the agreement rates and the executed amount for their claims. Respondents' arguments: The learned Assistant Government Pleader appearing for respondent Nos. 5 & 6 submitted that the respondent authorities would consider the petitioner's representation dated June 20, 2025, and take action in accordance with the law.
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Cause title — parties, addresses and appearances
ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Housing Department appearing for respondent Nos.1 and 3, learned Assistant Government Pleader for Finance Department appearing for respondent No.2, learned Assistant Government pleader for Revenue appearing for respondent No.4 and learned Assistant Government pleader for Roads and Buildings appearing for respondent Nos.5 and 6. perused the record.
This writ petition is filed seeking to declare the action of the respondents in not releasing the final bill as per agreement and B@ rates for the full executed amount of Rs.3,28,42,362/ - duly deducting already paid amount Rs.2,97,77,037 / - and for a pending amount oI Rs.20,71,325/ - and in noi releasing the statutory VAT/GST dues amounting to Rs.40,90,654/-and in not releasing security charges of Rs.5,00,000/- per annum for watch ward services and also in not releasing the bank interest on the delayed payments from the I I )
\F|= \i 2 date of completion i.e. 30.07.201g even after submission of representation dated 20'06 2025 and even after finarization of b,rs, payable to the petitioner in reration to the work i'e' Construction of Doubre Bed Room Houses (50 houses in G+1 pattern) and providing infrastructure works in Bairagiguda v,rage (Rajender Nagar Mandal) in Rajender Nagar Constituency in Ranga Reddy District as arbitrary and illegal. 3'
Brief facts of the case in this writ petition is that the petitioner is a class-l contractor working at the department of respondent No.
Respondent No'5 issued tender norifica tion ztide e-NIT No.206l 2bhk/Ts/ T4/ 1530 / 20,6-77 dated, 04.02.2077 with an estimated cost of Rs.2,65 ,74,47,)/ - The petitioner participated in onrine tender and the authorities declarerl the petitioner as successful bidder' The respondent No.4 allotted the petitiorLer for construction of Double Bed Room Houses (50 Houses in G+1 pattern) and for providing infrastructure works in the said Bairagiguda village for Rs.2,64,7g,757.09 / _ oide Lr.N o.6617L6 / TS / T1 / .BHK / 201.6 / 421,8 dated 27.03.2077 and an agreement was concluded oide ageement No.1g of 2077-207g on 1g.06.2t)77.The petitioner submits that he has completed the said work including thr: infrastructure in G+2 pattern in a, respects on 30.07.201g and respondent No.4 has also granted permission to respondent No.5 for extension of time up to 30.07.201g. The petitioner further submits since the balance amount is yet to be paid, a representation dated 20.06.2025 was made by him to respondent No.6 b_-...
7 requesting final bill payment, security charges and interest. However, no action has been taken. Questioning the same, the present writ petition is filed.
Learned Assistant Government Pleader appearing for the respondent Nos.5 & 6 submits that the respondent authorities will consider the petitioner's representation dated 20.06.2025 and take action in accordance with law.
Recording the above submissions and without expressing any opinion on the merits of the case, this Writ Petition is disposed o{ directing the respondent authorities to consider the rePresentation dated 20.O6.2025 in coordination with the other respondents and pass appropriate orders strictly in accordance with law. Miscellaneous applications, if any pending, shall stand closed. No order as to costs P' P.NNA KRI.HNA ASSISTANT REGI /ffRUE COPY// SECTION OFFICER To, stn Department, Secretariat, \i
The Principal Secretary to Government, H Telangana State, HYderabad.
The Principal Secretary to Government, Telangana State, HYderabad. : ine "fvfrnrging Dlrector' Telangana State Housing Corporation Ltd ' Hyderabad.
The District Collector, Kongarkalan, Rangareddy District' i. fii. Srp.tintending EnginJer (RandB), Rural Region, Balkampet' Hyderabad' 6. in" ois,ri., RanodoffLer (Executive Enginee(RandB)), Ranga Reddy Dist ' Gosha Mahal, HYderabad.
One CC to SRI K.KRANTHI KUMAR, Advocate' [OPUC] ; i;; ccs to Gp FOR HOUS|NG, High court for the state of Tetangana, at Hyderabad [OUT] g iJuo-cc. to op'ron FINANCE & PLANN|NG, High court for the state of Telangana at HYderabad. [OUT] ro iwo dc. to cp FOR REVENUE, High court for the State of Telangana at Hyderabad. [OUT] 11 i;; ccs toGp FOR ROADS & BU|LD|NGS, High court for the state of Telangana at HYderabad. [OUT] 'l2.Tvro CD CoPies BSK Finance Department, Secretariat, I
HIGH COURT DATED: 1610412026 ORDER '1'roiiti' ""lico;s -', i:-' (., \I.@- \\ '4., ..\' r'r ... 0 5 l'lAY 2026 ar -1..-i -r " ..(t " WP.No.9901 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @rfu, I
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.