IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO ASMP NOS. 2250 AND 2251 OF 2009 AND A.S.NOS. 258 OF 2007 AND 445 OF 2004 DATE: 22.12.2009 ASNO. 258 OF 2007 Between: A. Subrahmanyeswara Rao ..... appellant AND State of A.P. and othersGuntur .....respondents ASNO. 445 OF 2004 Between: The Special Deputy Collector (LA) Telugu Ganga Project, Nellore ..... appellant AND Polimera Vhina Penchala Reddy and twelve others .....respondents COMMON JUDGMENT: (Per Hon'ble Mr.Justice Ghulam Mohammed) Petitioner-appellant filed a suit for recovery of damages from the Government and the same was dismissed by judgment and decree dated 23.12.2004. It is stated that in response to a Tender Notice dated 26.12.1990 for construction of ‘Improvement to Palacodu Medium Drain from Km. 0.00 to Km 8.40’, the appellant had bid for the contract work to be carried out within two months, as it related to Cyclone Emergency Reconstruction Project. Due to non-handing over the site by the respondent in time, the appellant could not commence the work in the year 1991 and the same resulted in his being put to financial hardship. Since there was no arbitration clause in the agreement, he was constrained to file suit but he was unsuccessful in the suit. Hence he filed the present appeal. We have heard the learned counsel for the petitioner as well as the learned Government Pleader. The matter requires to be resolved by way of conciliation method constituted by the Government in G.O.Rt No. 103 dated 24.1.2008. The terms and conditions of reference are as follows: 1. Whether the Irrigation Department failed to handover the Site to the Contractor in the working season of the year 1991? 2. Whether the Irrigation Department having handed over the Site in July, 1991 beyond the working season, can insist the Contractor to commence and complete the work by April/May, 1992 at the SSR Rates of 1991? 3. Whether the Contractor committed breach of Agreement. Whether the Department is entitled to forfeit the Security Deposit, EMD and Bank Guarantee of the Contractor? 4. If the Department is found to have committed breach of contract, whether the Contractor is entitled to the amount claimed in the Suit. 5. Whether the Contractor is entitled to interest @ 18% per annum on the Suit amount, till the date of realization? Conciliator is directed to adhere to his conciliation only in respect of the points referred to above for consideration. The contractor is directed to file his submissions within a period of three weeks and the conciliator is directed to dispose of the matter, as expeditiously as possible preferably within a period of three months thereafter. Accordingly, both miscellaneous petitions and appeals are disposed of. There shall be no order as to costs. GHULAM MOHAMMED, J NOOTY RAMA MOHANA RAO,J DATE: 22.12.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies