IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28426 of 2008 Between: J. Narender S/o. Sudershan R/o. H.NO.8-43/4/10, Balaji Hills, Boduppal, R.R. District. ..... PETITIONER AND 1 Osmania University rep. by its Registrar, Hyderabad-500 007. 2 The finance Officer, Osmania University, Hyderabad-500 007. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declare the action of the respondent in not releasing the amount of Rs.3,54,954/- after deducting VAT and TDS due to the petitioner as illegal and arbitrary by issuing appropriate writ, order or direction more particularly in the nature of Mandamus and consequently direct the respondents to pay an amount of Rs.3,54,954/- to the petitioner with 12% interest from the date when it became due and pass Counsel for the Petitioner:MR.K.RAMA SUBBA RAO Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : ORDER It is the case of the petitioner that he is a registered civil contractor and is doing the said business for the last more than 15 years. A contract for repairs of toilet blocks of NRS Hostel at OU Campus was initially allotted to somebody and as the said construction was not satisfactory, the same was entrusted to the petitioner. As per the revised estimation, the cost of the said work was estimated at Rs.6,25,105/- and an administration sanction was also accorded by the Vice Chancellor and thereafter, the petitioner completed the entire construction by 26.1.2006. During the course of construction though certain amounts were paid to the petitioner, an amount of Rs.3,54,954/- is due to him. The Executive Engineer vide letter dated 5.6.2008 also informed the University authorities to the effect that the work was completed and the petitioner is entitled for the said amount. On the basis of the said letter, the petitioner approached the respondent-authorities and gave a representation on 26.5.2008 requesting them to release the funds, but in vain. Hence, he approached this Court and filed the present writ petition. Having heard the learned counsel for the petitioner and the learned Standing Counsel for Osmania University, this Court is of the view that this writ petition can be disposed of at the admission stage. When once the Executive Engineer has addressed a letter dated 5.6.2008 stating that the petitioner has completed the work and is entitled for payment of balance amount of Rs.3,54,954/-, the respondents are duty bound to pay the said amount to him. Further, the said factual aspect was also brought to the notice of the respondents by way of representation dated 26.5.2008. Therefore, the respondents are directed to consider the said representation and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order. If the petitioner is entitled for payment of the said amount, the same shall be paid to him immediately after passing of the said orders. Writ petition is accordingly, disposed of. No costs. __________ 29-12-2008 Note: Issue CC by one week. (B.O) rkk