HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6896 of 2010 30th March 2010 Between: K.C.L. JCCG (JV) rep. by G.P.A. Holder Sri A. Mahesh Reddy … PETITIONER(S) and The State of A.P., represented by its Secretary, Irrigation & CAD Department, Secretariat, Hyderabad and others … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6896 of 2010 ORDER: Heard Sri B. Rajeshwer, Learned counsel for the petitioner and the Learned Government Pleader for Irrigation and Command Area Development. At their request the Writ Petition is being disposed of at the stage of admission. The relief sought for in this writ petition is for a direction to the 3rd respondent not to recover an amount of Rs.21,78,321/- as such recovery is contrary to the terms and conditions of the agreement. The petitioner was entrusted with the work of formation of Pendekallu Balanching Reservoir upto a capacity of 0.65 TMC, (balance works) with supply channel, Irrigation Canal, distributory system, etc., and an agreement to that effect was signed on 09.03.2005. The petitioner claims escalation of prices for cement and steel, as per Clause 46.2 of the general conditions of the said agreement. A sum of Rs.21,78,321/-was released towards escalation charges for these two items. The 5th respondent issued a letter dated 21.01.2010 informing the petitioner that the respondents intended to recover the said sum of Rs.21,78,321/- from the work bills of the petitioner in respect of price adjustment. The petitioner would question the legality of such recovery as being contrary to the terms and conditions of the agreement. The petitioner alleges breach of conditions of the contract by the respondents herein in seeking to recover the amount paid earlier towards escalation charges and, in effect, seeks enforcement of contractual obligations. Admittedly, the contract in question is not referable to any statutory provision or Rule. Entertaining disputes, relating to non-statutory contracts, is a matter of discretion and, since these matters are better adjudicated before a Civil Court of competent jurisdiction, I see no reason to exercise discretion to entertain such contractual disputes in writ proceedings under Article 226 of the Constitution of India. Leaving it open to the petitioner, if they so chose, to avail the remedy of filing a Civil suit before a Civil Court of competent jurisdiction, the Writ Petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 30th March 2010 CVRK/MRKR