IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23979 of 2007 Between: 1 Smt. Madala Satyavathi, W/o. Suryanarayana Sri Subrahmanyeswara Swamy Dwakra group, Tholeru (V), Veeravasaram (M), West Godavari Dist. 2 Smt. Bhogireddy Nagamani, W/o. Satyanarayana Sri Subrahmanyeswara Swamy Dwakra group, Tholeru (V), Veeravasaram (M), West Godavari Dist. ..... PETITIONERS AND 1 The Dy. Executive Engineer (PR) RWS Section, Narsapur, West Godavari District.. 2 The Asst. Engineer (PR) RWS Section, Veeravasaram (M), West Godavari District. 3 The Grampanchayat, Tholeru (v), Veeravasaram (M), West Godavari District, rep. by Sarpanch. .....RESPONDENTS 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 issue writ or direction preferably Writ of Mandamus declaring the inaction of the respondents in completing the check measurements in respect of the works executed by the petitioners despite representation dt. 15-10-2007 as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents to check measure the works executed by the petitioners, and pass such other or further orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR. KOWTURU VINAYA KUMAR Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.23979 OF 2007 ORDER : The petitioners herein are granted certain works by the 3rd respondent Gram Panchayat. It is stated that the work orders were issued on 14.3.2007 and pursuant thereto they have executed the work within the time prescribed. However, alleging that the respondents failed to take check measurements and consequently the payments payable to the petitioners were not paid, the present writ petition is filed. It is vehemently contended by the learned counsel for the petitioners that since the petitioners have completed the works entrusted to them, the action of the respondents in not finalizing the check measurements and not making payment in respect of the works already executed is arbitrary and illegal. However, in the counter-affidavit filed by the 2nd respondent it is stated that though the 3rd respondent issued work orders on 14.3.2007 the petitioners failed to comply with the conditions imposed under the agreements within the time prescribed and consequently the work orders were cancelled by the 3rd respondent Gram Panchayat on 31.3.2007. At the outset, it is to be noted that the dispute raised by the petitioners arises out of a non-statutory contract the terms and conditions of which are not regulated by any statute. In the circumstances, the rights and liabilities if any arising out of the said contract which are regulated by the terms and conditions of the agreement itself cannot be enforced by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Moreover, the specific case of the 2nd respondent is that the contracts granted in favour of the petitioners stood terminated long back and apparently the matter involves several disputed questions of fact with regard to execution of the works in question. In the circumstances, the relief sought by the petitioners to complete check measurements and make payments for the works executed by the petitioners cannot be granted in this writ petition. Accordingly, Writ Petition is dismissed. However, this shall not preclude the petitioners to work out the common law remedy as available under law if they so choose. No costs. ______________ G. ROHINI, J. Dt. 26.6.2008 gbs