THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.28246 OF 2008 Date:22.09.2014 Between:
B.Prabhakar Reddy, S/o Malla Reddy, Aged about 43 years, r/o plot No.49, Jubliee Hills, Hyderabad through GPA holder G.Narsimha Reddy, S/o Krishna Reddy, Aged about 45 years, R/o Masaipet village, Veldurthy Mandal, Medak District.
And The Government of Andhra Pradesh rep. by its Secretary, Irrigation & Canal Area Development, Secretariat Buildings, Safaibad, Hydeabad and two others.
... Petitioner ... Respondents The Court made the following:
ORDER:
The writ petition is filed assailing letter No.1220 dated 18.12.2008 issued by 3rd respondent, as without jurisdiction and unconstitutional and prays for consideration and disposal of representation dated 08.04.2008 by respondents 2 and 3.
The subject matter of writ petition is concerning construction of Anicut across Gunduvagu and excavation of feeder channel to Pedda cheruvu at Bacharam village, Papannapet Mandal, Medak District. On 02.12.2005 agreement was concluded between the petitioner and the 2nd respondent for execution of subject work. Through impugned letter dated 18.12.2008, 3rd respondent issued final notice of termination of agreement dated 02.12.2005 and further informed that the execution of contract is taken over under clause 61 of Preliminary Specifications of A.P. Standard Specifications. The letter of termination is stayed by this Court through order dated 26.12.2008.
It is relevant to note that one of the circumstances for termination of the agreement is that the petitioner is not adhering to the time schedule and there is enormous delay in execution of excavation of feeder channel to Pedda Cheruvu of Bacharam village.
The case of the petitioner is that the respondents failed to deliver vacant possession of land to undertake excavation of feeder channel. The land owners filed writ petition No.7420 of 2006 and this court granted stay of dispossession and consequently either termination or taking over execution of subject work is illegal and without jurisdiction. This Court through a separate order after placing on record the stand of Revenue Department as well as the Irrigation Department, disposed of writ petition No.7420 of 2006.
Stated succinctly, the stand of the respondents is that in view of disputes between the villagers and the Department in excavating feeder channel through these agricultural lands, an alternative alignment is finalised, same is administratively sanctioned and supplementary agreement No.1/2009-10, dated 09.11.2009 for Rs.59.89 lakhs was concluded. Either on account of change of alignment or disposal of W.P.No.7420 of 2006, circumstance stumbling execution of the excavation work, is substantially erased.
Though the counter affidavit filed in writ petition No.7420 of 2006 is not clear on the aspect of execution of supplemental agreement was either with the petitioner or 3rd party, the learned Government Pleader on instructions submits that supplemental agreement was concluded only with the petitioner.
The learned counsel for the petitioner for want of further instructions from her client is unable to respond to the stand of learned Government Pleader.
Be that as it may. One of the prayers in the writ petition is to dispose of the representation dt.08.04.2008 by respondents 2 and 3. In view of changed circumstances, it would be in fitness of things for respondents 2 and 3 to dispose of the representation dated 08.04.2008, within a period of four weeks from the date of receipt of a copy of this order if the Department has already not concluded the supplementary agreement.
With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions filed in this revision petition shall stand dismissed.
S.V.BHATT, J 22nd September, 2014 gra