Scl-Cr 18g Joint Venture v. The Government Of Andhra Pradesh

[ 3300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:28610 OF 2013 Between:

1. SCL-CR 18G Joint Venture, Office 8-2-5O211lA, Jivi Towers, 1st Floor, Road No.7, Banjara Hills, Hyderabad Rep by Through its Power of Attorney Holder Mr.T.Ravi S/o T.V.Ramanaiah Naidu

2. T.Ravi, S/o T.V.Ramanaiah Naidu Aged about 42 years, Occ Business, R!/o Flat N6. H4, Trendset Vintage, Road No.'14' Banjara Hills, Hyderabad ...PETITIONERS AND

1. The Government of Andhra Pradesh, Rep by its Principal Secretary (Energy) Energy Department, Secretariat, Hyderabad.

The Chief Engineer Civil/Hydel APGENCO' Vidyut Soudha, Hyderabad The Superintending Engineer, (Civrl), N.S.Tail Pond Dam Circle, Pylon Colony, Nagarjuna Sagar, Nalgonda District The Executive Engineer (Civil) Pulichintala HES Division, A P'GENCO Vazinepalli, Nalgonda District The Accounts Officer, P.C.H.E Scheme, Pylon Colony, Nagarjuna Sagar, A.P.GENCO, HYderabad ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of the 5th respondent in issuing proceedings vide Lr.No.SE/C/NSTPDC/AO/PCHES/JAO/APSl/F.cor/D.No.1O4l13 Dated 17.O9.2013 and the consequential action of the 4th respondent in issuing proceedings vide Lr.No. EEIC/PCHES/DVN/VZPIF./D.No. 255t13 Dated 19.09.2013 and thereby in purporting to withhold and deduct the amounts from the gross bill amounts payable to the petitioner as being illegal,

arbitrary, unco nstitutiona I, contrary to and in violation of the conditions of the Agreement Dated 24.08-2007 and set aside the said proceedings and consequently forbear the respondents from making any deductions in future from out of the amounts payable to the petitioner for the work carried on by the petitioner.

l.A. NO: 1 OF 2013{WPMP. NO: 35491 OF 2013) Petition under Section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents not to deduct any amounts from the bill amounts payable to the petitioner by referring to the Letter Dated 17.09.2013 in relation to service Tax, Labour Cess, and additional amount of VAT over 2.go/o, pending the disposal of the Writ Petition Counsel for the Petitioners: SRI p.pANDU RANGA REDDY Counsel for the Respondent No..l: Gp FOR ENERGY Counsel for the Respondent No.2 to 5: M/s. V.UMA DEVI, SC FOR GENCO The Court made the following: ORDER

HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A trIRIT PETITION NO.2861O of 2013 ORDER:

Learned counsel for petitioner submitted that the cause in the writ petition does not survive.

Hence, the writ petition is dismissed as infructuous. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall I I I stand closed.

SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGIStrRAR //rRUE COPY/'

el SECTION dFFICER To,

1. One CC to SRI P.PANDU RANGA REDDY' Advocate IOPUCI

2. One CC to M/s. V.UMA DEVI, Advocate [OPUC] 3.TwoCCstoGPFoRENERGY,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

4. Two CD CoPies BSR GJP \qT

HIGH COURT DATED: 1111212023 a A STATF $ 5 JI.\l 2[?\ v o s 4.-.

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ORDER

WP.No.28610 of 2013 DlSMISSING THE WRIT PETITION AS INFRUCTUOUS, WITHOUT COSTS t.+9.r Y(_ {t'so