IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1436 of 2003 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 02/01/2003 in WP NO : 20852 OF 2001 on the file of the High Court.) Between: 1 The Principal Secretary to Government of A.P., (TR&B) Department, Secretariat, Hyderabad 2 Superintending Engineer (R&B), Cuddapah 3 Executive Engineer (Roads & Buildings) Tirupathi ..... APPELLANT(S) AND 1 Sri P.Prabhakar Reddy, contractor rep.by his GPA.Holder Sri.B.V.Narasimha Reddy B.E., LLB, Consultant in Arbitration and Contract Management No.6-3-671/A, Flat No.2, Surya Complex, Durganagar Colony, Panjagutta-1 Hyderabad-500 082 2 Padmanabha Goud B. Standing Counsel, BL, District and Sessions Judge (Retd), H.No.6- 3-347/22/10 (New No.204) Durganagar Colony, Panjagutta Hyderabad- 500 082 .....RESPONDENT(S) Counsel for the Appellant:GP FOR ARBITRATION Counsel for the Respondent No.: MR.C.V.MOHAN REDDY WRIT PETITION NO : 17264 of 2003 Between: 1 State of A.P. rep by the Superintending Engineer I & CAD, CCH/SRSP, K.C. Campus, Huzurabad, Karimnagar District - 505 498 2 The Executive Engineer, Division No.3 CCH, K.C. Colony, Hanamkonda, Warangal Dist. - 506 015. ..... PETITIONER(S) AND 1 Sri. K. Venkateshwarlu, Contractor Plot No. 146, Phase-III, Kamalapuri Colony, Hyderabad - 500 873. 2 Hon'ble Justice Sri .Y. V.Narayana(Retd) Arbitrator/appointed as sole Arbitrator in Arbitration Application No.80/2001, Flat No.402, Pooja Pride,Plot No. 75, Srinagar Colony, Hyderabd - 500 073. .....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 a Writ of Certiorari or any other appropriate Writ or order setting aside the order dated 23-4-2003 made in Arbitration Application No. 80/2001 and pass such other order or orders. Counsel for the Petitioner:GP FOR ARBITRATION Counsel for the Respondent No.: MR.C.V.MOHAN REDDY WRIT PETITION NO : 18831 of 2003 Between: 1 State of A.P., rep.by the Superintending Engineer, I & CAD,CCH/SRSP, K.C.Campus, Huzurabad, Karimnagar Dist.-505 498 2 The Executive Engineer, Division No.3, CCH, K.C.Colony, Hanamkonda, Warangal Dist. -506 015 ..... PETITIONER(S) AND 1 Sri K. Venkateshwarlu, Contractor, Plot No.146, Phase-III, Kamalapuri Colony, Hyderabad -500 873 2 Hon'ble Justice Sri T.Ranga Rao (Retd.) Arbitrator/appointed as sole Arbitrator in Arbitration Application No.79/2001, Flat No.401, Sri Vaikunta Nivas, Navodaya Colony, Yellareddyguda, Hyderabad -500 073 .....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 a Writ of Certiorari or any other appropriate Writ or order setting aside the order dt.23-4-2003 made in Arbitration Application No.79/2001 and pass such other order or orders. Counsel for the Petitioner:GP FOR ARBITRATION Counsel for the Respondent No.: MR.VENKATESWARLU POSANI The Court made the following : THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1436 OF 2003 AND WRIT PETITION NOS.17264 & 18831 OF 2003 COMMON JUDGMENT: (Per Hon’ble Smt. Justice T.Meena Kumari) When the matters were taken up for hearing, the learned Government Pleader for Arbitration appearing for the appellants and the writ petitioners submitted that the writ appeal and the writ petitions are not maintainable in view of the Judgment of the Supreme Court in SBP & CO v. PATEL ENGINEERING LTD.[1]. Following the said Judgment of the Supreme Court, the Writ Appeal and the Writ Petitions are dismissed. No costs. ______________________ T.MEENA KUMARI, J ____________________ SANJAY KUMAR, J 6th July, 2009. VGSR/PGS [1] (2005) 8 SCC 618