THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.35857 of 2014 Between:
Dated 25th November, 2014 M/s.Bodapati Control Systems Private Ltd., And …Petitioner The Chief Engineer, Construction, Telangana State Transco, Vidyut Soudha, Hyderabad and others …Respondents Counsel for the petitioner: Sri M.Krishna Prasad Counsel for respondent Nos.1 & 2: Sri O.Manohar Reddy Counsel for respondent No.3: AGP for Energy The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.1 in terminating the petitioner’s contract for Supply, Construction, Erection of Civil & Electrical works, Testing and Commissioning of 132/33KV GIS sub-station at Patigadda, Hyderabad as illegal and arbitrary.
I have heard the learned counsel for the petitioner and perused the record.
A perusal of the averments contained in the affidavit filed in support of the writ petition shows that the petitioner has questioned the impugned termination on various events of facts. The summary of these pleadings would reveal that the petitioner has been throwing blame on the respondents for non-completion of the contract within the stipulated period of contract and also within the extended period of contract by alleging several defaults in discharging their contractual obligations. In my opinion, the legality or otherwise of the impugned action of termination cannot be adjudicated in a writ petition as the same requires evidence, both oral and documentary. Ordinarily, the remedy for an aggrieved party under a concluded contract for its alleged unlawful termination is to seek damages on various counts. A properly constituted suit before the competent Court of civil jurisdiction is the appropriate remedy for such relief. The petitioner shall be left free to avail common law remedy of a civil suit.
Subject to the above observations, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.44875 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 25th November, 2014
VGB