IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8760 of 2003 Between: A.C.Konda Reddy son of Obul Reddy 1/84, R.S.Road, Cuddapah ..... PETITIONER AND Executive Engineer, Modernisation Division The Govt of A.P No.3, TGP. colony, Perumamulla Road, Mydukur Cuddapah District-516 172 .....RESPONDENT 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 to issue an appropriate writ, one in the nautre of Writ Mandamus, writ order or direction declaring the preceedings of the respondent in letter No. EE/MD3/Myd/AB/A1/102M, dated 11/03/2003, as being arbitrary, illegal, without jurisdiction, violative of the principles of natural justice, part from bering violative of the constitutional Right guaranteed to the petitioner under Article 300-A of the constitutioin of India and set aside the same Counsel for the Petitioner:MR.C.V.MOHAN REDDY Counsel for the Respondent: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: The petitioner questions the order dated 11.03.2003 passed by the respondent with regard to the amounts due and payable in respect of determination of contracts of M-12 package. It is stated that the petitioner was entrusted with the work “Modernisation of K.C. canal lining to main canal from km.240.060 to km.245.000 (M-12 package)” estimated at Rs.368.00 lakhs under the CEIR No.382/93-94, M-12 package under Agreement No.21 SE/93-94 dated 12.01.1994 with an agreement value of Rs.4,62,13,749/- and the period of agreement for completion of the said work is six months. It is the case of the petitioner that due to the defaults committed by the department in payment of amounts due to him and for non- supply of the required cement, steel etc., the work could not be completed within the stipulated time. Therefore, the determination of contract under Clause 60(a) of the A.P. Standard Specifications (for short “APSS”) forfeiting EMDs., FSDs. and the amounts withheld together with the value of the work done but not paid for, is illegal, arbitrary and unsustainable. The amounts initially determined by letter-dated 23.11.1999 was at Rs.23,27,913/- in which a claim was made for Rs.9,49,932/- towards recovery of tentative excess amount involved and that will be required in completing the work withdrawn. It is stated that the said amount has been erroneously claimed and therefore, after deducting the said amount, the second letter, dated 11.03.2003 was issued which is impugned in this writ petition. It is stated that earlier notice notifying the liability at Rs.23,27,913/- is rectified excluding the amount of Rs.9,49,922/-. Therefore, the revised claim of Rs.14,29,327/- is recoverable from the petitioner. It is stated that the fixation of liability in the letter No.489M, dated 23.11.1999 invoking the Clause 60(a) duly forfeiting EMD, FSD the amounts withheld together with value of work done was not paid is illegal and invalid. It is stated that under Clause 71 of APSS, the authorities are entitled to recover the money due to the contractors and for other works also. Accordingly, the department addressed letters to other public works units, such as irrigation, roads and buildings, public health and panchayat raj department and therefore, the said action cannot be said to be illegal or invalid. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the said disputed questions of fact cannot be decided in the writ petition. The claims arising out of the contract have to be settled either by way of arbitration or by a civil Court having competent jurisdiction and the petitioner is not entitled for settlement of his claims by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:28.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ }