Rsv Constructions Private Limited Vs the State of Andhra Pradesh

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[3330]

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APHC010074822024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4419/2024

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Between:

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RSV CONSTRUCTIONS PRIVATE LIMITED, H.NO. 8-2-418, 5TH FLOOR, MEENAKSHI HOUSE, BANJARA HILLS, ROAD NO.7, HYDERABAD 500 034 REP. BY ITS DIRECTOR MR. ATLURI VIJAY KUMAR.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, AMARAVATI.

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THE ENGINEERINCHIEF R AND B, MAJOR DISTRICT ROAD WING ROADS AND BUILDINGS DEPARTMENT VIJAYAWADA, ANDHRA PRADESH 520010.

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THE SUPERINTENDING ENGINEER, OFFICE OF SUPERINTENDING ENGINEER (R AND B) CIRCLE, SPSR NELLORE DISTRICT, ANDHRA PRADESH.

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THE EXECUTIVE ENGINEER, R AND B DIVISION KAVALI, ANDHRA PRADESH.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or orders or direction, directing the Respondents No. 2 to 4 to take the administrative action to comply with and implement clause 24.1 and 26.1 of the conditions of contract read with Contract Data, for the work of construction of High-Level Bridge across Chippaleru Vagu at KM 13/10 of MC Road to Juwaladinne (via) S.V. Palem in Nellore District, Andhra Pradesh awarded on the Petitioner vide Agreement No.61/2016-17 dated 15-09-2016 and appoint consensus adjudicator for resolution of disputes and pass IA NO: 1 OF 2024

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Petition under Section 151 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 No.2 to 4 to take the administrative action to comply with and implement clauses 24.1 and 26.1 of the conditions of contract read with Contract Data,

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for the work of construction of High-Level Bridge across Chippaleru Vagu at KM 13/10 of MC Road to Juwaladinne (via) S.V. Palem in Nellore District, Andhra Pradesh awarded on the Petitioner vide vide Agreement No. 61/2016-17 dated 15-09-2016 and appoint consensus adjudicator for resolution of disputes; and to pass

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Counsel for the Petitioner:

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1.S V S CHOWDARY

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Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4419 of 2024

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ORDER:-

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The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“… to issue a Writ of Mandamus or any other appropriate writ or orders or direction, directing the Respondents No.2 to 4 to take the administrative action to comply with and implement clause 24.1 and 26.1 of the conditions of contract read with Contract Data, for the work of ‘construction of High-Level Bridge across Chippaleru Vagu at KM 13/10 of MC Road to Juwaladinne (via) S.V. Palem in Nellore District, Andhra Pradesh’ awarded on the Petitioner vide Agreement No.61/2016-17 dated 15-09-2016 and appoint consensus adjudicator for resolution of disputes and pass such other order.…”

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Shorn of all facts asserted in the affidavit, the short grievance of the petitioner is to direct the respondents to appoint a consensus adjudicator for resolution of the dispute arising out of L.S.Agreement C.R.No.61/2016-17, dated 15.09.2016, as per clauses 24.1 and 26.1 of the conditions incorporated in the contract.

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It appears from the affidavit filed in support of the writ petition that the petitioner was allotted the work i.e., construction of High-Level Bridge across Chippaleru Vagu at KM 13/10 of MC Road to Juvvaladinne (via) S.V.Palem in Nellore District, Andhra Pradesh. While executing the said work, some disputes have been arisen. Therefore, the petitioner prayed to appoint an adjudicator as per the

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agreement conditions. The respondents have suggested some names, which the petitioner is not interested. Hence, present writ petition is filed to direct the respondents to appoint consensus adjudicator.

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This Court directed the learned Assistant Government Pleader for Roads and Buildings to suggest some names to appoint as an adjudicator.

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Accordingly, learned Assistant Government Pleader furnished letter dated 29.01.2026, addressed by the Superintending Engineer, (R&B) Circle, Nellore, wherein it indicates four names of adjudicators namely 1. Sri K.Venugopala Reddy, Engineer-in-Chief (R&B) (retired), 2. Sri G.Venkateswara Rao, Chief Engineer (R&B) (retired), 3. Sri P.C.Ramesh Kumar, Chief Engineer (R&B) (retired) and 4. Sri K.V.Nagaraja, Chief Engineer (R&B) (retired).

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Considering the submissions made and with the consent of both the learned counsel for petitioner and learned Assistant Government Pleader for Roads and Buildings, this Court appoints Sri G.Venkateswara Rao, Chief Engineer (R&B) (retired), as an adjudicator to resolve the petitioner’s dispute. Sri G.Venkateswara Rao-the adjudicator is directed to take steps for resolution of the dispute as expeditiously as possible.

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