Plr Projects Pvt. Ltd., v. The Engineer-In-Chief, Public Health

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7314 OF 2017 ORDER:

The Writ Petition is filed seeking a writ of mandamus declaring the action of respondent No.3, in calling the petitioner to extend bank guarantee, in default, to invoke bank guarantee under BG.No.0910308BG0001378 dated 17.10.2008, for an amount of Rs.2,10,78,766/-, drawn on State Bank of India, IF Branch, RajBhavan Road, Hyderabad and other 4 bank guarantees, for Rs.50 lakhs each, drawn on Indian Overseas Bank, despite holding Rs.2,12,66,074/- as retention money from RA Bills for over three years, as being illegal and arbitrary.

When the matter is taken up for hearing, learned Government Pleader for Municipalities submits that, for the first time, the issue is being raised by the petitioner before this Court and he needs to ascertain the facts. Learned counsel for the petitioner submits that the petitioner may be given liberty to make a comprehensive representation setting out details to respondents which may be directed to be considered.

Considering the nature of relief claimed, the Writ Petition is disposed of giving liberty to the petitioner to approach respondent No.1 (Engineer-in-Chief, Public Health Department, Velagapudi, Guntur District), which shall be considered on its own merits.

Miscellaneous applications, if any, pending shall stand closed. There shall be no order as to costs.

______________________________ CHALLA KODANDA RAM, J Dated:06.03.2017 usd