Telangana High Court
Authorized Signatory, M/S. ... vs Prl Secy, Iandcad Pw Dept., Hyd And 4 Ot on 27 December, 2023
Author: B.Vijaysen Reddy
Bench: B.Vijaysen Reddy
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WP .NO:36215 of 2014
Between:
M/s. MAYTAS-MEIL-ABB-AAG (JV), Office at 6-3-1186/1&2, Plot No.12, IL &
FF, Engineering House, Begumpet, Hyderabad-500016, represented by its
Authorized Signatory Mr. G. Singa Reddy.
..... Petitioner
AND
1 The Principal Secretary, Irrigation & CAD (PW) Department,
Government of Telangana, Secretariat Building, Hyderabad,
2 The Chief Engineer, Dr. Ambedkar Pranahita Chevella, Sujala
Sravanti, Jalasoudha, Erramanzil, Hyderabad,
3 The Superintending Engineer, Sripada Yellampally Project Circle,
Manchirial, Adilabad District, Telangana State
4 The Executive Engineer, Sripada Yellampally Project Circle,
Manchirial, Adilabad District, Telangana State
5 The Pay & Account Officer, Karimnagar District, Telangana State.
.....Respondents
Petition under Article 226 of the Constitution of India, praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue a writ or an order or a direction and more particularly
a writ in the nature of mandamus declaring the impugned memo No.
3036/M&MI-T-IV/2014, dated 24-04-2014 issued by the Principal Secretary,
I&CAF (PW) Department, Government of Telangana, the first respondent
herein and the memo No. CE/Dr. BRAPCSS/DEE-2/AEE-5/2014, dated 11-
06-2014 issued by the Chief Engineer, Dr. Ambedkar Pranahita-Chevella
Sujala Sravanti, Jalasoudha, Erramanzil, Hyderabad District, the second
respondent herein as null and void and violation of Article 14 and 19 (i) (g) of
the Constitution of India and contrary to the terms and conditions of the
agreement and consequently direct the respondents 3 to 5 not to collect the
interest on the mobilization advance during the extended period;
The petition coming on for hearing, upon perusing the petition
and the affidavit filed herein and upon hearing the arguments of Sri Ashok
Reddy Kanathala, Advocate for the Petitioner and of the Asst. G.P. for
Irrigation, (TG), for the Respondents No.1 to 4, and of the G.P. for Finance &
Planning, (TG), for the Respondent No.5, the Court made the following.
ORDER:
"Learned Assistant Government Pleader for Irrigation (Telangana State) takes notice for the respondents and seeks time for filing counter- affidavit.
Post on 29-12-2014.
As per clause-49.4 of the agreement between the parties, if completion of work is delayed by circumstances beyond the control of the contractor for which an extension has been granted by the Executive Engineer/Superintending Engineer, the interest charges on advances shall be waived for the period of extension. The respondents are allegedly seeking to recover interest based on memo No. 3036/M & MI-T-IV/2014, dated 24-04-2014, of respondent No.1 as reiterated by memo No.CE/Dr.B.R.A.PCSS/DEE-2/AEE-5/2014, dated 11-06-2014, of respondent No.2.
Prima facie, these memos are contrary to the specified agreement conditions. Therefore, the respondents are restrained from recovering interest on the mobilization advance from the petitioner during the extended period of contract pending further orders."
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Principal Secretary, Irrigation & CAD (PW) Department, Government of Telangana, Secretariat Building, Hyderabad,
2. The Chief Engineer, Dr. Ambedkar Pranahita Chevella, Sujala Sravanti, Jalasoudha, Erramanzil, Hyderabad,
3. The Superintending Engineer, Sripada Yellampally Project Circle, Manchirial, Adilabad District, Telangana State
4. The Executive Engineer, Sripada Yellampally Project Circle, Manchirial, Adilabad District, Telangana State
5. The Pay & Account Officer, Karimnagar District, Telangana State. (Addressees 1 to 5 BY RPAD)
6. Two CCs to G.P. for Irrigation, (TG), High Court Buildings, Hyderabad (OUT)
7. Two CCs to G.P. for Finance & Planning, (TG), High Court Buildings, Hyderabad (OUT)
8. One CC to Sri Ashok Reddy Kanathala, Advocate (OPUC)
9. one Spare Copy HIGH COURT Ab Drafted on 27-11-2014 CVNRJ DATE: 27-11-2014 ORDER WP. NO. 36215 OF 2014 DIRECTION