IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14211 of 2008 Between: HIRANYA SOLUTIONS PVT LTD., Rep.by its Business Development Manager, Sri Sanjay Jain, S/o.Rikab Jain R/o.D.No.5-3-1040/1,3rd floor,Shankarbagh Opp:Osmangunj, Hyderabad ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Secretary Finance (Works & Projects), Secretariat, Hyderabad 2 The Director for Accounts, M-3 Block, 1st floor, Manoranjan complex, Nampally, Hyderabad 3 The Pay & Accounts Officer, Telugu Ganga Project Mamillapalli, Kadapa, Kadapa District .....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 any writ order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the letter vide Lr.No.DWA/Hyd/Sn.I/A2/2008-09/188 dated 23.6.2008 issued by the 2nd respondent and set aside the same and consequently direct the respondents not to interfere with the peaceful business activity of the petitioner in any manner. Counsel for the Petitioner: MR.PADMA RAO G.S.LAKKARAJU Counsel for the Respondents: GP FOR FINANCE & PLANNING The Court made the following : ORDER: This writ petition is filed to declare the proceedings in Lr.No.DWA/Hyd/Sn.1/A2/2008-09/188 dated 23.6.2008 issued by the Director for Accounts, the 2nd respondent herein as void and consequently to direct the respondents not to interfere with the peaceful business activity of the petitioner. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Finance and Planning and at their request the matter is taken up for final disposal at the admission stage itself. It is the case of the petitioner that pursuant to the Government instructions to utilize the services of Data Entry Operators through authorized outsourcing agencies at the District Level, it entered into a contract with the department and engaged Data Entry Operators at different PAO/APAO locations and vide the impugned letter his contract was terminated illegally. The contract of the petitioner has been concluded pursuant to the policy decision taken by the Government in G.O.Rt.No.4459 dated 27.12.2006. By the impugned letter, the petitioner was informed by the Director of Works Accounts that the Government in Memo No.SP/1344/F9-A (2)/2007-1, dated 14.3.2007 permitted the Director of Works Accounts to continue the existing arrangement in the matter of engaging personal as DEOs till an alternative is fixed by the District Committee as per G.O.Rt.No.4459. Therefore, as and when an outsourcing agency is fixed by the concerned District Committee as per the said G.O., the existing arrangement automatically ceases to exist and the work order would be deemed to have been terminated to that extent i.e., to the extent of that particular Pay & Accounts Officer/Assistant Pay & Accounts Officers office at field level. Be that as it may, the right accrued to the petitioner is by way of a contract entered between himself and the government and the interpretation of the terms and conditions of the contract has to be examined by the competent civil court after adducing evidence and this Court under Article 226 of the Constitution of India cannot decide such issues. The petitioner has an effective alternative remedy of approaching the competent civil court seeking appropriate relief. Reserving such liberty, the writ petition is dismissed. N.V.RAMANA,J Dt.03.07.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep.by its Secretary Finance (Works & Projects), Secretariat, Hyderabad 2 The Director for Accounts, M-3 Block, 1st floor, Manoranjan complex, Nampally, Hyderabad 3 The Pay & Accounts Officer, Telugu Ganga Project Mamillapalli, Kadapa, Kadapa District 4 2CCs to Govt.Pleader for Finance and Planning, High Court of A.P Hyd 5 2CD copies