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High Court for State of TelanganaWP/35566/2016dismissed

P. Penchala Narasimha Prasad, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2016-11-16S.V.Bhatt2 pages

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.35566 OF 2016 ORDER:

The petitioner prays for the following relief: "...Writ of Mandamus declaring the inaction of the Respondents No. 3 to 6 in entering into a contract with the petitioner for desilting and strengthening of Tank bund of Ayyavaripalem Pedda Cheruvu and Chinna Cheruvu near Ayyavaripalem Village in Podalkur Mandal under Neeru-Chettu Scheme, despite resolutions No. 1 and 2 of the 9th respondent herein Dt 21-04-2016 and representation of the petitioner dated 04-10-2016 and permitting an unknown 3rd party other than the petitioner to execute those works, without following due process of law and procedure as illegal, and violative of Articles 14 and 21 of Constitution of India and consequently direct the Respondents 3 to 6 to follow due process of law and procedure to conclude contract with the petitioner for execution of the works under Neeru-Chettu Scheme for desilting and strengthening of Tank bund of Ayyavaripalem Pedda Cheruvu and Chinna Cheruvu near Ayyavaripalem village in Podalkur Mandal..."

The standing counsel, on instructions, submits that the basis of writ petition is resolution No.1, dated 21.04.2016. According to instructions, the resolution was cancelled on 04.10.2016. On account of cancellation of the resolution whereunder the work was entrusted to petitioner, it is submitted, the cause in the writ petition is not tenable. He further submits that fresh agreement entered into with one Lakshmikantham and work is under execution. The petitioner if aggrieved either by resolution or cancellation of

entrustment, he is free to work out the legal remedies. The writ petition is dismissed as no case is made out. No order as to costs. Miscellaneous petitions pending if any shall stand closed. _____________ S. V. BHATT, J Date:16.11.2016 Stp