IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11759 of 2008 Between: M/s. Krishna Constructions , Rep. by its Mangaing Partner, R. Jagadish Chandra Reddy S/o. Damodar Reddy Excise Colony, Hanamkonda-506 001 Warangal District. ..... PETITIONER AND 1 The Superintending Engineer, I & CAD Irrigation Circle, Warangal. 2 The Executive Engineer, I & CAD, IB Division, Warangal. 3 The Executive Engineer, I & CADD, IB Division, Mahabubabad, Warangal District. .....RESPONDENTS 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 order or direction more particularly a writ in the nature of writ of Mandamud declaring the action of the respondents in not passing orders on the representation of the petitioner dt. 21-7-2007 as illegal, arbitrary unconstitutional and praying this Hon'ble Court to direct the respondents to consider the representation dt. 21-7-2007 to complete the balance work of Construction of tank known as "SARVEDU CHERUVU" at Edgerla Village, Marpada Mandal, Warangal District, as per the Agreement No.29/1999-2000 dt. 22-7-1999 under SSR 2007-2008 or alternatively direct the respondents to refund the Earnest Money Deposit and Security Deposit in pursuance of the the Agreement No. 29/1999-2000 dt. 22-7-1999 and pass such other order or orders Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: Form-NIC-OGS/WP{VSMI} THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.11759 of 2008 ORDER: It is the case of the petitioner that he was awarded a contract for the construction of a Tank known as ‘Sarvedu Cheruvu at Edgerla village, Marpada Mandal, Warangal District under agreement No.29/1999-2000 dated 22.07.1999, and as per the terms of the Contract, the work has to be executed within six months. The six months period was over by 21.01.2000. It appears that the petitioner completed 80% of the work upto 31.05.2000 and the remaining work could not be completed on the ground that the villagers stopped the execution of work for non-payment of compensation for their acquired lands. However, it is stated that the land acquisition amount was already deposited with the Revenue Divisional Officer and the Land Acquisition proceedings have been completed and the ryots have no objection to continue the work, and accordingly, the petitioner was requested to complete the balance work, vide letter dated 07.07.2007 of the Executive Engineer. Pursuant to the said letter, the petitioner submitted a reply dated 21.07.2007, stating that the work was awarded based on the SSR rates 1998-99 and the material cost is abnormally increased and SSR rates are changed, and accordingly, requested the Department to pay the rates for the balance work as per the SSR rates of 2007-08. It is stated that no reply has been given for the said representation dated 21.07.2007. I am not inclined to express any opinion as to whether the delay was on account of obstruction of ryots, and it is not known how 80% work was completed leaving the balance of 20%. But, however, what may be the reason, the 20% work could not be completed and it is for the petitioner and the Department to settle the said dispute as to whether the petitioner shall be given any enhanced rates or not. Having regard to the facts of the case, without expressing any opinion on merits, the Writ Petition is disposed of, directing the 3rd respondent to consider and dispose of the representation of the petitioner dated 21.07.2007, if any received and pending, without any undue delay. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 10.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintending Engineer, I & CAD Irrigation Circle, Warangal. 2 The Executive Engineer, I & CAD, IB Division, Warangal. 3 The Executive Engineer, I & CADD, IB Division, Mahabubabad, Warangal District. 4.2CCs to 5.2CD copies