IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14701 of 2002 Between: M.Hanumantha Rao ..... PETITIONER AND Superintendent Engineer, Panchayatraj Circle, Warangal, Warangal District and 3 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14701 of 2002 O R D E R: This Writ of Mandamus is filed seeking direction to the respondents to entrust the work as per the terms of the contract which could not be executed in the absence of site engineer being appointed by the Department to enable the petitioner to complete the work as per the terms of the contract. WPMP No.18382/2002 filed by the petitioner seeking a direction directing the respondents to appoint the site engineer and grant permission to complete the work was dismissed by order dated 20.01.2003. The facts of the case are that originally the work relating to the construction of low level cause way across Vattivagu from PWD road to Chandragonda/Nekkonda Mandal, was sanctioned by the Superintendent Engineer, Panchayat Raj Circle, Warangal under RRM 1993-94 with an estimate cost of Rs.24 lakhs and the administrative sanction was obtained by G.O.Ms.No.196 dated 23.03.1994 for Rs.24 lakhs. The said work was entrusted to one A.Mallareddy, Contractor @ 11.73% less than the estimated rates. He could not complete the work and therefore, the said agreement was cancelled duly forfeiting the security deposits, and obtained the administrative sanction for execution of the aforesaid balance work vide G.O.Rt.No.150 dated 25.01.1999. The value of the estimate sanctioned was Rs.45 lakhs of which Rs.25,09,181/- was only put to tender for cause way portion for making the traffic worthy. The petitioner has became the successful tenderer by quoting 2% less than estimate value, and the agreement was concluded for Rs.24,58,997/-. In the counter, it is stated that the work was commenced on 11.06.1999 and the petitioner has completed the work as per the terms and conditions of the agreement under the supervision of the Assistant Engineer and Site Engineer and the value of the work is Rs.25,90,332/- against the agreement contract value of Rs.25,58,997/- The measurement of the work done items were recorded in the measurement book as and when they are executed and the petitioner has also accepted the said measurements upto final bill, and in fact the final bill was also paid. If that be so, no controversy is existed between the petitioner and respondents. The writ petition has become infructuous and is accordingly dismissed as infructuous. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 23.07.2010 Dsr