Telangana High Court
WP/24612/2004 of The Tirumala Venkateswara Labour Contract Cooperative Vs The Superintending Engineer, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 24612 of 2004 Between: The Tirumala Venkateswara Labour Contract Cooperative
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION No: 24612 of 2004
Between:
The Tirumala Venkateswara Labour Contract Cooperative Society Limited,Rep. by its President U. Venkateswarlu, S/o. Patha Pataiah, Aged about 55 Years, R/o. Lingam Makkapalli Village,Nuzendla Mandal, Guntur District.
..... PETITIONER
AND
1 The Superintending Engineer, Nagarjuna Sagar Project (NSP), Irrigation Circle,Ongole.
2 The Executive Engineer, N.S. Canals Division, Vinukonda, Guntur District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction more particularly one in the nature of "Writ of Mandamus" or any other writ or order or direction, call for and examine therecords of the agreement No.1 S.E.87-88 dt. 2-4-1987 and measurement book onthe files of the 1st respondent and issue direction, directing the respondents to paythe bills to a tune of Rs.1,60,000/- with interest.
Counsel for the Petitioner: MR.C.H.SATISH KUMAR
Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV.
The Court at the admission stage made the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Petitioner states that it was awarded the work of construction of Anacut (RockfillDam) across Kandurla Vagu, for the purpose of irrigating the distressed Ayacut inBlock No.16 of N.S.R.C., way back in the year 1985-86 at a cost of Rs.5,63,287/-.
According to it, a sum of Rs.1,60,000/- remained unpaid. It claims to have madeseveral representations for payment of the same from time to time and complainsthat the respondents have not taken any action thereon.
Learned counsel for the petitioner submits that the respondents ought to havedisposed of the representation and he seeks appropriate directions from this Court.
Learned Government Pleader for Irrigation, on the other hand, submits that the writpetition is not maintainable for more reasons than one, such as the matter beingcontractual in nature, claim is barred by limitation, laches etc.
The question as to whether the claim of the petitioner is true and genuine, and if so,whether it is barred by limitation, cannot be decided by this Court at this stage.Strictly speaking, the petitioner ought to have filed a suit for recovery of the saidamount, if it is due. Petitioner states that it has been making representations fromtime to time, the latest being on 14.11.2004, and there was no proper response.
Having regard to the facts and circumstances of the case, the writ petition isdisposed of, directing the respondents to consider the representations said to havebeen made by the petitioner including the one dated 14.11.2004, and passappropriate orders thereon, within a period of eight weeks from the date of receipt ofthis order. There shall be no order as to costs.
Jsu
29.12.2004
___________
1 The Superintending Engineer, Nagarjuna Sagar Project (NSP), Irrigation Circle,Ongole.
2 The Executive Engineer, N.S. Canals Division, Vinukonda, Guntur District.
3 2 CCs to the G.P. for Irrigation and Common Area Development, High Court of A.P., Hyderabad (OUT).
4 2 CD copies.