HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6674 of 2010 29th March 2010 Between: M/s.R.A.U.S.Constructions Pvt. Ltd., rep. by its Managing Director, K.V.Sreenivasa Rao … PETITIONER(S) and Municipal Corporation of Vijayawada, rep. by its Commissioner, 1 Town, Vijayawada and others … RESPONDENT(S) HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6674 of 2010 ORDER: Heard Sri Harender Pershad, Learned counsel for the petitioner, and Smt. G.Jhansi, Learned Standing Counsel for the respondent-Corporation. At their request the Writ Petition is being disposed of at the stage of admission. The relief sought for in this writ petition is to declare the action of respondent nos.1 to 4 in permitting the 5th respondent to execute works relating to construction of G+3 pattern group houses (17 Blocks x 32 = 544 houses) at New Rajarajeswari Pet Package-III, E9- 80188/2007, vide letter No.Rc.E9/80188/2007 dated 22.01.2010, as arbitrary and illegal. By the said proceedings dated 22.01.2010, the 5th respondent herein was requested to take over the site and commence construction of the ungrounded blocks at Jakkampudi and Gangireddula Dibba at New R.R.Pet-3 immediately. The case of the petitioner is that, while he was entrusted with the contract for execution of the said works, the first respondent, without putting them on notice or terminating the contract and without floating a fresh tender in respect of the work allotted to them, had permitted the 5th respondent to execute the very same work which was hitherto entrusted to him and that such entrustment was violative of the contractual terms. The petitioner, in effect, seeks enforcement of the terms and conditions of the contract entered into between them and the first respondent. I see no reason to exercise discretion under Article 226 of the Constitution of India to entertain a writ petition seeking enforcement of contractual obligations, as the appropriate forum for adjudication of contractual disputes or for being compensated for breach of any of the conditions of the contract, or for its enforcement, is the Civil Court of competent jurisdiction. Leaving it open to the petitioner if they so chose to avail the remedy of a civil suit before a competent Civil Court the writ petition fails and is, accordingly, dismissed,. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 29th March 2010 CVRK/asp HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6674 of 2010 29th March 2010 CVRK