THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26787 of 2009 Date:10.12.2009 Between: ABC Engineering Works. ..Petitioner and The Singareni Collieries Company Limited and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26787 of 2009 ORDER: The petitioner was awarded by the respondents, a contract of Over Burden Removal at Manuguru OCP-IV project. Duration of the contract is up to 17.11.2009. Certain disputes arose between the petitioner and the respondents. The same gave rise to imposition of penalty through show-cause notice dated 29.10.2008. Aggrieved thereby, the petitioner filed W.P.No.24516 of 2008 and the same was disposed of on 10.11.2008 leaving it open to the petitioner to file a suit. Accordingly, the petitioner filed O.S.No.56 of 2009 in the Court of the District Judge, Khammam, claiming certain reliefs in the form of declaration and injunction. I.A.No.3321 of 2009 was also filed and it is stated that an interim order was granted. The grievance of the petitioner is that even while the suit is pending and the order in the said I.A. is operating, the respondents are taking steps to survey the area to prepare a final bill as though the contract has come to an end. It is stated that the survey was initially scheduled to take place on 01.12.2009 onwards and on a request made by the petitioner, it was postponed. Heard Sri B. Vijaysen Reddy, learned counsel for the petitioner and Sri N. Krishna Rao, learned counsel for the respondents. It is not in dispute that the contract that was awarded in favour of the petitioner expired on 17.11.2009. Obviously, there arises a necessity to survey the area and work, be it in the context of preparation of final bill or to ascertain the leftover work. It is no doubt true that the petitioner claimed certain reliefs. All the same, the respondents cannot be prevented from conducting survey. At the most, it would be subject to the outcome of the decree that may be passed in the suit or the final orders that may emerge out of the I.A. Hence, the Writ Petition is disposed of directing that it shall be open to the respondents to conduct survey as proposed with the participation of the petitioner, but the same shall be subject to the outcome of O.S.No.56 of 2009 and I.A.No.3321 of 2009. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 10th December, 2009 GHN