Telangana High Court

WP/21798/2002 of Water Usesrs Association, Vs The Executive Engineer, on 24 December 2008

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MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :21798 of 2002 ORDER: The petitioners are the water users’ associations of Avancha, Kagaz Maddur and Nathnagapalli Villages respectively, Narsapur Mandal, Medak District. They were entrusted with the works of repairs to the irrigation tanks

THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO :21798 of 2002

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ORDER:

The petitioners are the water users’ associations ofAvancha, Kagaz Maddur and Nathnagapalli Villagesrespectively, Narsapur Mandal, Medak District. Theywere entrusted with the works of repairs to the irrigationtanks of the respective villages, which were estimated atRs.2,10,572, 4,59,361 and 3,56,111/- respectively. Consequential separate agreements were entered into on02.02.2001.

The petitioners contend that in the preparation ofestimates, the rate for cubic meter of earth work was takenat Rs.26.60 ps., whereas they were paid the amount atthe rate 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 agreements.

The 1[st] respondent filed a counter affidavit. It is notdisputed that the works were entrusted to the petitionersand they were estimated at Rs.2,10,572, 4,59,361 and3,56,111/- respectively. The 1[st] respondent further statedthat though the estimates were prepared by taking therate per cubic meter of earth work at Rs.26.60 ps., it wasreduced to Rs.14/- on the basis of the directions issued by the Government.

Heard the learned counsel for the petitioners andthe learned Government Pleader for Irrigation.

It is a matter of record that the petitioners wereentrusted with the works of repairs to the respectiveirrigation tanks estimated at Rs.2,10,572, 4,59,361 and3,56,111/-. These figures were arrived by taking the ratefor cubic meter of earth work at Rs.26.60 ps. Theagreements were entered into and the works were alsoexecuted. Both the parties are governed by theconditions of the agreements, including the ratesmentioned therein. The respondents have unilaterallyreduced the rate almost to half viz., Rs.14/-. Neither thepetitioners were put on notice nor any revised agreementswere entered into. Hardly it needs any mention that thepetitioners had executed the works by engaging workerson the basis of the rates mentioned in the agreements. Itis not at all open to the respondents to revise the rates tothe detriment of the petitioners, once the works werecommenced.

Hence the writ petition is allowed and therespondents are directed to pay the amount to thepetitioners for the works entrusted to them under separateagreements, dated 02.02.2001, in accordance with therates mentioned therein without effecting any reduction. The differential amount shall be paid within two months from the date of receipt of a copy of this order. There shallbe no order as to costs.

JSU

__________

24.12.2008

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

JSU

WRIT PETITION NO :21798 of 2002

Date: 24.12.2008

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