Rudrika Constructions vs. Govt Of A.P.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
3 Apr 2012
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Order Text
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWELVE
Present HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
WRIT PETITION No.6369 of 2005
Between:
M/s. Rudrika Constructions
.. Petitioner
AND
Government of A.P., Rep. by its Secretary, Irrigation and Command Area Development Department, Secretariat, Hyderabad & 3 others
.. Respondents
The Court made the following:
HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.6369 of 2005
ORDER:
The petitioner is Civil Contractor for the work - SRSP Stage-II – Earth work excavation and forming embankment of DBM-71 (Vibhulapuram Branch Canal) from KM 19.00 to
KM 20.00 including construction of structures. He entered into agreement with the Department on 01.10.2004 after participating in the tender process in pursuance of tender notice, dated 20.01.2004. The said agreement prescribes certain rates of Seigniorage charges in Clause 2.13. The petitioner, apprehending that the respondents may demand revised rates of Seigniorage charges in pursuance of subsequent revisions made by the Government on Seigniorage charges, approached this Court with this writ petition seeking mandamus against
collection of enhanced Seigniorage charges from the petitioner in respect of items in execution of contract work relating to agreement, dated 01.10.2004.
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The petitioner's counsel submitted that the petitioner completed the work as per the agreement, dated 01.10.2004, and that he was paid all the bill amounts relating to the said work. In that view of the matter, no further orders need be passed in this writ petition. Till now, there are no demands by the Government or by any of the respondents for payment of any amount towards revised Seigniorage fee. As and when any such demand is made by any of the respondents, the petitioner will be at liberty to agitate against such demand by taking up appropriate proceedings.
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Subject to the above observations, the Writ Petition is closed as unnecessary.
______________________________ SAMUDRALA GOVINDARAJULU, J
Date: 3 rd April, 2012
KL
HON'BLE SRI JUSTICE SAMUDRALA
GOVINDARAJULU
WRIT PETITION No.6369 of 2005
Date: 3 rd April, 2012 KL