IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13850 of 2008 Between: M/s. K. Paramananda Reddy & Co., Specail Class Contractors (Roads & Buildings), H.No. 16-10-159/1/D, Malakpet, Hyderabad, Rep by its Managing Partner K. Srinivasa Reddy ..... PETITIONER AND 1 Osmania University, Hyderabad, Rep by its Registrar. 2 Executive Engineer (Maintenance), Osmania University, Hyderabad .....RESPONDENT(S) 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 any appropriate writ, order or direction preferably a writ in the nature of Writ of Mandamus, declaring the inaction of the respondents in not making payment in respect of the work viz., "Special repairs/comprehensive maintenance by providing BT renewal coat to the roads in front of University college of science (Department of Physics, Chemistry and botany building) along with the internal roads of each building" executed by the petitioner pursuant to the work order No. 2894/164/EE(M)/UBD/07-08 dt. 31-3-2008, as illegal and arbitrary and consequently direct the respondents to forthwith pay the amount due to the petitioner together with interest at 24% per annum from the date of the completion of the work till the date of payment, and pass Counsel for the Petitioner:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: MR.DEEPAK BHATTACHARJEE The Court made the following : O R D E R: This Writ Petition has been ﬁled by M/s K.Paramananda Reddy and Company assailing the action of the respondents in not releasing the amounts in respect of works completed pursuant to the Work Order No.2894/164/EE(M)/UBD/07-08, dated 31.3.2008. The petitioner undertook special repairs/comprehensive maintenance by providing BT renewal coat to the roads in front of University College of Science (Department of Physics, Chemistry and Botany building) along with the internal roads of each building of 1st respondent-University pursuant to the tender notiﬁcation dated 14.2.2008. The estimated value of the said works was Rs.22,77,214/-. After completing the work the petitioner requested the respondents for ﬁnal settlement of the bill. There was some dispute with regard to reduction of 1 % towards labour cess. Questioning the action of the respondents with regard to reduction of 1 % labour cess and subsequently ﬁled W.P.No.9247 of 2008 which came to be disposed of upholding the stand of the respondents with regard to reduction of 1 % towards labour cess. Since the bills are not settled for the works attended to by the petitioner, the petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India. Learned Standing Counsel for 1st respondent University received notice and sought time on 1.7.2008 and ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that the respondent- University has no objection to release the payment subject to other terms and conditions. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent-University. Since the 1st respondent-University stated in the counter aﬃdavit that they are prepared to release the amounts subject to other terms and conditions as settled between the parties, this Writ Petition is disposed of directing the respondents to settle the bills of the petitioner in accordance with the terms and conditions agreed thereto by the parties within four weeks from the date of receipt of a copy of this order. No costs. 9th September, 2008. (B.Seshasayana Reddy,J) Cc in one week. TNB ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.13850_08 9T H SEPTEMBER 2008