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Judgment
Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation and Command Area Development appearing on behalf of respondents.
PERUSED THE RECORD.
The petitioner approached the Court seeking the relief as follows in the present Writ petition:
“ ……to issue a writ, order or direction, more particularly one in the nature of Writ of mandamus, declaring the inaction of the respondents in releasing work order funds along with the EMD amounts, pertaining to petitioner, subsequent to the completion of all the tender works Agreement No.279/2013-14 dated 26.08.2013 regarding Repairs to OORA CHERU:AMULUR VILLAGE GURRAMPODE(M): NALGONDA DISTRICT for an contract value of Rs.9,06,856-00/- issue by the 4th respondent as illegal and arbitrary and consequently direct the 2nd to 5th respondents to release work order funds along with EMD amounts of vide Agreement No.279/20136-14 dated 26.08.2013 regarding Repairs to OORA CHERU:AMULUR VILLAGE GURRAMPODE(M):NALGONDA DISTRICT.”
The learned Assistant Government Pleader for Irrigation and Command Area Development brings on record letter No.EE/Irri/Div.5/G.Pode/DB/ATO/ 2022-23/132 SE, dated 28.10.2022, and the 2nd page of the said proceedings is extracted hereunder:
“ The above works, 2nd and final work bills which was submitted by the Executive Engineer erstwhile IB Division, Devarakonda and requested the higher authorities for the ratification of above work vide reference 1st cited. But ratification orders not received from government.
In view of the above, the Pay and Account Officer, G.V.Gudem, Nalgonda has returned the above mentioned works work bills to Irrigation Division 5, Gurrampode due to problem in mapping of work ID in IFMIS portal (Integrated Financial Management and Information System). Because of the above works administrative sanctions were sanctioned in Capital Head of Account by the Chief Engineer, Minor Irrigation, Hyderabad before the formation of Telangana State and those administrative sanctions are not accepted by the Pay and Accounts Officer (W&P, G.V. Gudem, Nalgonda.
In this connection, the contractors has approached the Hon’ble High Court for payment of their pending bills vide reference 2nd and 3rd cited.
Hence, the Superintending Engineer, Irrigation Circle, G.V.Gudem, Nalgonda is hereby requested to kindly arrange the sanctions from the Government to avoid further legal complications.”
The proceedings vide letter No.SE/IRR/C/GVG/Nl.G/DB/DEE.I/TS5/Minor Irri/2022-23/137 CE, dated 13.02.2023, and the second page of the said proceedings is extracted hereunder:
“ Further the Executive Engineer, Division No.5 has stated that the Pay and Account Officer, G.V. Gudem, Nalgonda has returned the above work bills due to issue in mapping of work ID in IFMIS portal.
As the administrative sanctions were sanctioned in Capital Head of Account by the Chief Engineer, Minor Irrigation, Hyderabad, before formation of the Telangana State. In view of the above the sanctions for the above said works were not accepted by the Pay & Accounts Officer (W&P), G.V. Gudem, Nalgonda.
Further, the Executive Engineer has also reported that due to the delay in payment of pending bills, the contractors have approached the Hon’ble High Court for arranging necessary payments.
Therefore, the Chief Engineer, Irrigation, Nalgonda is requested to address the Engineer in Chief(General) for obtaining necessary orders for making payments for the above said works at an early date.
This is submitted for favour of information and taking further necessary action.”
Further the relevant portion of the proceedings in letter No.CE(I)NLG/DCE /OT.3/AEE/Minor/Court case, dated 04.03.2023, is extracted hereunder:
In this connection, I request the Engineer-in Chief (General) to kindly address the Government to obtain necessary Revised Administrative Approval for Rs.6,33,766/-for the above completed (02) works from the Government of Telangana for facilitating the further bill payment to the petitioner for the completed works.”
In view of the clear proceedings in favour of the petitioner dated 28.10.2022, 13.02.2023 and 04.03.2023 (extracted above) and in particular, the latest letter dated 04.03.2023 where under the Chief Engineer (Irrigation), FAC, Nalgonda requested the Engineer-in-Chief(General), Irrigation & CAD Department, Hyderabad to obtain necessary Revised Administrative Approval for Rs.6,33,766/- for the above completed (02) works from the Government of Telangana for facilitating the further bill payment to the petitioner for the completed works from the Government of Telangana for facilitating further bill payment to the petitioner for the completed works.
In view of the above, the Writ petition is disposed of directing the respondents to release to the petitioner all the payments/amounts due to the petitioner after obtaining necessary revised administrative approval for the said amount from the competent authority as per the letters dated 28.10.2022, 13.02.2023 and 04.03.2023 (referred to and extracted above), within a period of (4) four weeks from the date of receipt of the copy of this order. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall also stand closed.