The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.27123 of 2011 Date: 22nd November, 2011 Between: M/s.Srinivasa Electricals, Plot No.96, Road No.3, New Hema Nagar, Boduppal, R.R.District, rep. by its Proprietor, S.Srinivas. ..... Petitioner and 1.A.P.Central Power Distribution Company Ltd., rep. by its Chairman and Managing Director, Mint Compound, Hyderabad and 5 others. .....Respondents Counsel for the Petitioner: Sri S.Lakshmikanth Counsel for the Respondents: Mr.S.V.Ramana for Mr.O.Manohar Reddy, SC for APCPDCL The Court made the following : O R D E R: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not allotting work in 23 sub-stations of 33/11 KV sub-stations in terms of agreement No.125/2011-12, dated 22-07-2011, as illegal and arbitrary. At the hearing, Sri S.V.Ramana, learned Counsel, representing Sri O.Manoher Reddy, learned Standing Counsel for Andhra Pradesh Central Power Distribution Company Limited (for short ‘the APCPDCL’), submitted that, out of 23 sub-stations, so far, four sub-stations have been handed over to the petitioner and that the remaining 19 sub-stations could not be handed over as work relating thereto could not be completed. Under the agreement, the period of contract shall start from 01-04-2011 or from the date of handing over of sub-stations and it will end on 31-03-2012. The learned Counsel for the petitioner submitted that, in pursuance of the agreement, the petitioner has mobilized the work force and has been incurring overheads and that, on account of the failure of the respondents to handover sub-stations, the petitioner is suffering huge financial losses. The learned Counsel for the respondents submitted that since there is a clause in the agreement that the contract period will commence either from 01-11-2011 or from the date of handing over of the sub-station, the respondents are under no obligation to handover the site only on 01-04-2011. In my opinion, the dispute arises under a concluded contract. As interpretation of the agreement is involved, it is appropriate for the petitioners to avail common law remedy of civil suit wherein the civil Court will appreciate the evidence of both the parties and adjudicate the dispute. If the petitioner has suffered financial losses on account of the alleged breach of the agreement conditions, it is entitled to claim damages from the respondents in such a civil suit. In this view of the matter, without expressing any opinion on the respective pleas of the parties, the Writ Petition is disposed of with liberty to the petitioner to file civil suit for appropriate reliefs including award of damages. As a sequel, WPMP.No.33500 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 22nd November, 2011 LUR