IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :21878 of 2007 Dated: 12th October 2007. Between: V. Rama Mohan Rao, S/o. Sitaramaiah, Aged 52 years, R/o Flat No.302, Prashanth Towers, Srinivas Nagar Colony, Hyderabad. ..... PETITIONER AND The Executive Engineer (Roads & Buildings), Nellore and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.21878 OF 2007 ORAL ORDER: Through the impugned order, the Executive Engineer, Road & Buildings, Nellore, directed the petitioner, who is a Special Class Contractor, to pay a sum of Rs.15,09,658/-, being the balance amount of liquidated damages imposed on the petitioner for his breach of the contract awarded to him for effecting improvements to the road from Chunchuluru to Mustapuram, (A.S.Road) (via) Chaparalapalli, Yekkarlapadu and Eguvapalli Village from K.M. 0/0 to K.M. 13/0 in Nellore District. It is not in dispute that the contract in question has been determined in accordance with Clause-60 of the A.P. Standard Schedule on 05-08-2006. In accordance therewith the petitioner has been imposed liquidated damages of Rs.18,35,873/-. Out of which, a sum of Rs.3,25,646/- having already been recovered, the balance amount is sought to be recovered from the petitioner now. The grievance of the petitioner is that the issue relating to the condonation of lapses on his part, which ultimately lead to determination of the contract in his favour on 05-08-2006, is under examination by the Superintending Engineer and the Engineer-in-Chief of the Roads & Buildings Department and if they ultimately accord any relief to the petitioner, his obligation to pay up the liquidated damages would have been possibly avoided. Therefore, he submits that the present order passed by the Executive Engineer, is totally unwarranted. From the terms of the contract entered into by and between the parties, if the liquidated damages are liable to be imposed on a defaulting contractor, the same cannot be the subject matter of consideration of scrutiny in a proceeding initiated under Article 226 of the Constitution of India. Nonetheless, in the event, any relief is accorded to the petitioner either by the Superintending Engineer or by the Engineer-in-Chief or even by the State Government, which ultimately renders the writ petitioner not to pay any liquidated damages or even scale down any such magnitude, I have no doubt in my mind that the Executive Engineer, Nellore, would appropriately regulate the same and in the case of necessity would even refund the whole or any part of the liquidated damages, so far paid or is now called upon to pay. With this, the writ petition stands dismissed at the stage of admission. -------------------------------- Nooty Ramamohana Rao, J 12th October 2007 mrk