Telangana High Court
WP/11835/2004 of K.Linga Reddy, Vs The Executive Engineer (RANDB) Division 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 GODA RAGHURAM WRIT PETITION NO : 11835 of 2004 Between: 1.K.Linga Reddy, S/o.Ramakrishna Reddy, R/o.B.Vellamula (V)
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 GODA RAGHURAM
WRIT PETITION NO : 11835 of 2004
Between:
1.K.Linga Reddy, S/o.Ramakrishna Reddy,
R/o.B.Vellamula (V) Narkatpally (M), Nalgonda Dist.
2.M.Anji Reddy, S/o.Lachi Reddy,
R/o.H.No.4-11-205, Chaitnyapuri, G.V.Guda, Nalgonda Dist.
..... PETITIONERS
AND
1 The Executive Engineer (R&B) Division Nalgonda.
2 The Commissioner of Relief & EO Secretary to Government Secretariate, Hyderabad.
3 The Chief Engineer (Roads & Buildings) Hyderabad.
.....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 a writ or order or direction more particularly one in the nature of writ ofmandamus declaring that the action of the respondents in deducting the rice valueRs.7.30 per kg which was supplied to the labourers under labour component insteadof Rs 5.65 per kg from final bill of the petitioner for the works (As annexed)completed by them under the food for work programme as bad, arbitrary, illegal,unjust and unreasonable and non application of mind and consequently direct therespondents to pay the petitioners the difference of amount (1.65 per kg.) for the ricesupplied under labour component which was deducted by the respondents herein.
Counsel for the Petitioners: MR.P.VENKATESWAR RAOCounsel for the Respondents: GP FOR ROADS & BUILDINGS
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ORDER:
The writ petition is filed for a declaration that the action of therespondents in deducting the value of rice at Rs.7.30 ps per kilo thatwas supplied to the labourers under the labour component, instead ofRs.5.65 ps per kilo, from the final bill of the petitioners for the worksexecuted by them under the Food For Work programme, is arbitraryand illegal and for a consequential direction to the respondents topay the petitioners difference of amount as per the above claim.
These disputes between the petitioners and the respondents ariseout of a non-statutory post-contractual situation, which disputes donot have an adjudicative disposition under Article 226 of theConstitution of India. Accordingly, on that premise, the writ petition isdismissed with liberty to the petitioners to pursue their appropriateremedies before the Civil Court of competent jurisdiction. No costs.
______________
VGB
To
1 The Executive Engineer (R&B) Division Nalgonda.
2 The Commissioner of Relief & EO Secretary to Government Secretariate, Hyderabad.3 The Chief Engineer (Roads & Buildings) Hyderabad.4 2CCs to the Government Pleader for Roads and Buildings, High CourtBuildings, Hyderabad (OUT)
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