IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1544 of 2008 Between: Smt.B.Sanjeevamma, W/o late B.Balaiah rep., byher G.P.A.Holder B.Ramanaiah, R/o 29, North Extension, HIG Seethammadhara, Visakhapatnam. ..... PETITIONER AND 1 The Superintending Engineer, (R&B Circle), Visakhapatnam. 2 The Executive Engineer (R&B) Parvathipuram, Vijayanagaram District. .....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 an appropriate writ, order or direction more particularlyone in the natureof writ of mandamus declaring theletter No.83/APERP/A1/05 dated 15-6-2007 issued by the 2nd respondent is arbitrary, illegal, contrary to the terms of the agreement and offending Article 14 of the Constitution of India and consequently,direct the respondents to make the payment as per the decision of the adjudicator dated 19-06-2006 and pass suchother or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1544 of 2008 ORAL ORDER: This writ petition is filed questioning the letter dated 15.6.2007 issued by the second respondent as illegal and arbitrary and for a consequential direction to the respondents to make payments as per the award of the adjudicator dated 19.6.2006. The husband of the petitioner herein is a Special Class Contractor, who has entered into an agreement dated 4.9.1999 with the respondents for the work of “Heavy Periodic Maintenance and Making Up Deficiences from KM 35/30 to 45/00 of Chilakapalem- Ramabhadrapuram- Rayagada Raod in Vizianagaram district”. Unfortunately, he died in December, 2003. The petitioner herein has executed and completed the subject work by April 2001 and the department has issued certificate of completion dated 4.8.2001. Since, the respondents have not made the necessary payments, the petitioner herein filed W.P. No.17043 of 2005 and the same was disposed of by orders dated 3.8.2005 directing the respondents to finalise the bill and to effect the payments. In pursuance of the orders of this Court, the final bill dated 3.10.2005 was prepared for an amount of Rs.14,03,727/-, however, while releasing the amounts, the department said to have withheld certain amounts without any reason. The petitioner submitted a representation dated 18.11.2005 for release of the withheld amounts and the same was rejected by orders dated 21.12.2005. Thereafter, in terms of the agreement, the dispute was referred to the Technical Expert. The Technical Expert/Adjudicator on consideration of the matter has passed an award dated 19.6.2006 and the same has become final. Since the respondents have not made payments in terms of the decision of the Technical Expert/Adjudicator, the petitioner has issued a legal notice dated 10.3.2007, for which a reply notice dated 29.3.2007 was issued informing the petitioner that necessary instructions were issued to the payment authority i.e., the Executive Engineer (R&B) division, Parvathipuram/second respondent herein. The petitioner was also advised to make correspondence in the matter with the second respondent. Thereafter, the second respondent issued impugned proceedings dated 15.6.2007 informing the petitioner that the agreement was expired and there cannot be any adjudication by Technical Expert and no payment can be made under the contract. Questioning the said proceedings, the present writ petition is filed. Though sufficient time is granted, till date no counter affidavit is filed in the matter contradicting the averments made in the writ petition. However, today when the matter is taken up, the learned Assistant Government Pleader for Roads and Buildings, on instructions submitted that the award of the Technical Expert/Adjudicator has become final and sought three months time for payment of the due amounts to the petitioner, in terms of the award. The learned counsel for the petitioner agreed for the same. In the circumstances, recording the undertaking given by the learned Assistant Government Pleader for Roads and Buildings that the amounts payable to the petitioner in terms of the award dated 19.6.2006 would be paid to her within three months, the writ petition is closed. No costs. ____________ N.V.RAMANA,J DATE: 21.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1544 of 2008 Date: 21.4.2008