Telangana High Court
WP/24465/2004 of M.Krishna Mohan, Vs The Deputy Commissioner, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24465 of 2004 Between: M. Krishna Mohan, S/o Papa Rao, Hindu, 32 years, Class
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24465 of 2004
Between:
M. Krishna Mohan, S/o Papa Rao, Hindu, 32 years, Class I Contractor,Jallimudi village, Seethanagaram mandal, East Godavari district.
..... PETITIONER
AND
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1. The Deputy Commissioner, Endowments Department, Ramaraopet,Kakinada.Kakinada.
2. The Commissioner, Endowments Department, Tilak Road, Hyderabad.
3. The Deputy Executive Engineer, Endowments Department,Ramaraopet, Kakinada.Ramaraopet, Kakinada.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue a writ, order or direction more particularly one in the nature of writ ofmandamus, call for and examine the records pertaining to the agreementNo.23/D.C.(Endo)/2002-03, dated 24.02.2003 and Measurement Book on thefiles of the respondents and issue directions, directing the respondents to paythe bills to a tune of Rs.40,616/- with interest and to pass such other order ororders as deem fit and proper.
Counsel for the Petitioner:MR.C.H.SATISH KUMAR
Counsel for the Respondents 1 to 3: GP FOR ENDOWMENTS
The Court at the stage of admission made the following ORDER:
Petitioner claims that he was entrusted with the work of repairs andimprovement to Sri Uma Kotilingeswara Swamy Temple at Rajahmundry in theyear 2002-03 at an estimated cost of Rs.26,72,537/-. According to him, heexecuted the work to the satisfaction of the respondents and despite the same,a sum of Rs.40,616/- remained unpaid. He claims to have maderepresentations to the respondents and alleges that no action has been takenthereon.
Heard learned counsel for the petitioner and learned Government Pleader forEndowments.
The petitioner alleges that he undertook work of repairs and improvementto Sri Uma Kotilingeswara Swamy temple and that an agreement was executedon 24.02.2003. The question as to whether he executed the works as per thespecifications and whether any final measurements have to be taken cannot bedecided in this writ petition, that too, at this stage. The disputed questions offact cannot constitute the subject matter of a writ petition. The petitioner claimsto have made representations to the respondents for payment of the balanceamount. The respondents cannot keep the matter pending indefinitely.
Hence, the writ petition is disposed of directing the respondents, inparticular the first respondent to pass appropriate orders on the representationsdated 04.05.2004 and 13.12.2004 said to have been made by the petitionerwithin six weeks from the date of receipt of a copy of this order. No order as tocosts.
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28.12.2004
Note:
Issue CC in three days.
(BO)ksld
To
1. The Deputy Commissioner, Endowments Department, Ramaraopet,Kakinada.
2. The Commissioner, Endowments Department, Tilak Road, Hyderabad.
3. The Deputy Executive Engineer, Endowments Department, Ramaraopet, Kakinada.
4. Two CCs.to the G.P. for Endowments, High Court of A.P.,Hyderabad (OUT).