IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE A.V.SESHA SAI W.P.No.21413 of 2004
Date: 11.06.2014
Between M/s. Vijayalaxmi Constructions, Represented by P.Vijayalaxmi, W/o Subja Rao, Aged about 45 years, Occ: Business, R/o Railway Station Road, Singarayakonda, Prakasham District.
Petitioner And The General manager, South Central Railways, Rail Nilayam, Secunderabad and three others.
Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI W.P.No.21413 of 2004 ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the respondents seeking to deduct the seniorage fees from the bills payable to the petitioner in connection with work agreement No.35/BZA/C/2004 dated 20.02.2004 as illegal, arbitrary and unconstitutional.
When the matter is taken up today for hearing, while pointing out the averments made in the counter affidavit filed on behalf of the respondents herein, it is submitted by the learned counsel for the respondents Railways that seeking same relief a suit in O.S.No.1024/2004 has been filed by the writ petitioner herein and is pending on the file of the Court of the II Additional Senior Civil Judge, Vijayawada. Having availed the alternative remedy by way of instituting the said suit, it is not open for the petitioner herein to invoke the jurisdiction of this Court under Article 226 pf the Constitution of India seeking the same relief.
For the aforesaid reasons and without going into the merits and demerits in the writ petition, this writ petition is dismissed, keeping it open to the petitioner herein to pursue the civil remedy already availed. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
A.V.SESHA SAI, J Date: 11.06.2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI W.P.No.21413 of 2004
Date: 11.06.2014
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