IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY FRIDAY, THE TWENTY EIGHTH DAY OF MARCH, TWO THOUSAND EIGHT ONLY WRIT PETITION No.2482 of 2008 Between: Sree Rama Constructions, Class-I Contractor & Earth Movers, H.No.3-10-20/9/3/1, Gokhale Nagar, Ramanthapur, Hyderabad, reptd., by its Managing Director Sri B.Govardan Reddy. … Petitioner AND The Chief Engineer, AMRP, NSRS Project, Gagan Vihar, Hyderabad and four others. … Respondents Counsel for the petitioner: Sri P.Srinivsa Reddy. Counsel for the respondents: Asst. G.P. for Irrigation for R.1 to R.4. Sri K.Lakshminarasimha for R.5. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare letter dated 12-6-2007 issued by respondent No.3 and consequential letter dated 24-8-2007 issued to the Branch Manager of Andhra Bank, Tarnaka Branch, respondent No.5 herein, whereby he sought to invoke Bank Guarantee bearing Nos.14 of 2005 and 15 of 2005, as illegal and arbitrary. Heard Sri P. Sreenivasa Reddy, learned counsel for the petitioner and perused the record. The impugned letters have been issued by respondent No.3 while exercising his powers under a concluded contract between the petitioner and respondents 1 to 4. In my considered view, the petitioner is not entitled to invoke the public law remedy by filing a Writ Petition to restrain the respondents from encashing the Bank Guarantees under the terms of a non- statutory contract. The petitioner is entitled to avail remedies under the terms of the agreement or as are available under common law, as the case may be. This view of mine is further reinforced by the fact that while exercising jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to adjudicate the disputed questions of fact. The Writ Petition is, therefore, dismissed giving liberty to the petitioner to avail appropriate remedies available to it under law. ------------------------------------ C.V.NAGARJUNA REDDY,J 28-3-2008 MNR