M/S Apr Constructions Ltd., v. The Government Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE SIXTEENTH DAY OF FEBRAURY TWO THOUSAND AND SIXTEEN PRESENT HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 15724 OF 2012 Between:

M/s.APR Constructions Ltd. A company incorporated Under the Companies Act, 1956 having its registered Office at Flat No.404, 5th floor, Bhanu Enclave, Sunder Nagar, Hyderabad-38, Rep. by its GPA holder, Sri S.Vijay Kumar ... Petitioner Vs.

The Government of Andhra Pradesh Rep.by its Secretary [Telangana Projects] I & CAD Department of Irrigation, Secretariat.

Hyderabad & Ors. ... Respondents Counsel for the Petitioner: Sri R. Raghunandan

Counsel for the Respondents: GP for Irrigation & CAD The Court made the following: [order follows] HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 15724 OF 2012 O R D E R :

Heard Sri G. Kalyan Chakravarthy, learned counsel for the petitioner.

2. In the instant writ petition, the petitioner challenges letter dated 01/5/2012 by under which the scope of agreement dated 17/7/2007 is reduced by the respondents.

3. At the time of hearing, it is brought to the notice of the Court that the deleted portion of work from the agreement is entrusted to a third party/contractor, the contractor has already completed the deleted portion.

4. In view of the fact that the deleted portion is already completed by a third party/contractor, learned counsel fairly states that the cause of action does not survive. He requests the court to

leave open the remedies available to the petitioner against illegal or unauthorized termination of contract. The submission is accepted, liberty as prayed for is granted to the petitioner to work out the remedies in accordance with law.

5. The writ petition is dismissed. No order as to costs.

6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ ___________________ JUSTICE S.V. BHATT 16/02/2016 I s L HONOURABLE SRI JUSTICE S.V. BHATT

WRIT PETITION NO. 15724 OF 2012 Date: 16/2/2016 Circulation No.

Court Master: I s L