Telangana High Court
WP/15635/2002 of Water Users Association, Vs The Executive Engineer, on 24 December 2008
MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :15635 of 2002 ORDER: The petitioner is a water users’ association of Kollur Village, Ramachandrapuram Mandal, Medak District. It was entrusted with the work of repairs to Peddacheruvu of the Village under the A.P. Economic Restructuring
THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO :15635 of 2002
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ORDER:
The petitioner is a water users’ association of KollurVillage, Ramachandrapuram Mandal, Medak District. Itwas entrusted with the work of repairs to Peddacheruvu ofthe Village under the A.P. Economic Restructuring ProjectMinimum Rehabilitation Scheme. The work wasestimated at Rs.2,74,320/- and administrative sanctionwas accorded vide G.O.Ms.No.35, I&CADD, dated29.02.2000. Technical sanction was also accorded on20.04.2000. Consequential agreement was entered intoon 28.04.2000.
The petitioner contends that in the preparation ofestimates, the rate for cubic meter of earth work was takenat Rs.26.96 ps., whereas it was paid the amount at therate of Rs.14/- per cubic meter of earth work, aftercompletion. This writ petition is filed with a prayer to directthe respondents to sanction the amount as per the ratesmentioned in the agreement.
The 1[st] respondent filed a counter affidavit. It is notdisputed that the work was entrusted to the petitioner andit was estimated at Rs.2,74,320/-. The 1[st] respondentfurther stated that though the estimates were prepared bytaking the rate per cubic meter of earth work at Rs.26.96
ps., it was reduced to Rs.14/- on the basis of thedirections issued by the Government.
Heard the learned counsel for the petitioner and thelearned Government Pleader for Irrigation.
It is a matter of record that the petitioner wasentrusted with the work of repairs to an irrigation tankestimated at Rs.2,74,320/-. This figure was arrived bytaking the rate for cubic meter of earth work at Rs.26.96ps. The agreement was entered into and the work wasalso executed. Both the parties are governed by theconditions of the agreement, including the ratesmentioned therein. The respondents have unilaterallyreduced the rate almost to half viz., Rs.14/-. Neither thepetitioner was put on notice nor any revised agreementwas entered into. Hardly it needs any mention that thepetitioner had executed the work by engaging workers onthe basis of the rates mentioned in the agreement. It isnot at all open to the respondents to revise the rates to thedetriment of the petitioner, once the work wascommenced.
Hence the writ petition is allowed and therespondents are directed to pay the amount to thepetitioner for the work entrusted to it under agreementdated 28.04.2000 in accordance with the rates mentionedtherein without effecting any reduction. The differentialamount shall be paid within two months from the date of receipt of a copy of this order. There shall be no order asto costs.
JSU
_________
24.12.2008
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
JSU
WRIT PETITION NO :15635 of 2002
Date: 24.12.2008