Petitioners challenging penalty due to construction milestones dismissed rallies matter refused relief.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION Nos.2827, 3769, 3939, 3941, 3946, 5073 of 2013
COMMON ORDER:
The Government of Andhra Pradesh has taken a decision to establish quite large number of Model Schools across the State. The Andhra Pradesh Education & Welfare Infrastructure Development Corporation, the 2nd respondent herein, was entrusted with the task of getting buildings constructed. The petitioners herein were assigned the works of construction. A clear schedule was fixed and the petitioners were required to undertake the work with stipulated progress. The work is divided into four stages/milestones. The failure of an agency to complete the work stipulated in the concerned milestone is exposed to damages.
The petitioners contend that though they made every effort to meet the target and comply with the milestone, some lapses occurred on account of reasons beyond their control. According to them, the respondents are trying to impose penalty alleging that there was lapse on the part of the petitioners. The action of the respondents is challenged in these writ petitions.
Heard the learned counsel for the petitioners, the learned Government Pleader for Education, appearing for the 1st respondent and the learned Standing counsel for respondents 2
and 3.
In effect, the petitioners wanted to avoid any liability in the form of penalty levied on the ground that the targets fixed in the matter of construction of buildings have not been met.
Earlier, the matter was adjourned on three occasions. Today, it is reported by the learned Standing Counsel for respondents 2 and 3 that the relief claimed in these writ petitions was extended to the petitioners by the Government itself.
In that view of the matter, the writ petitions are dismissed as infructuos. There shall be no order as to costs.
The miscellaneous petitions filed in these writ petitions shall also stand disposed of.
_____________________ L.NARASIMHA REDDY,J Dt:28.02.2013
kdl
Petitioners
The Government of Andhra Pradesh
Andhra Pradesh Education & Welfare Infrastructure Development Corporation
L. Narasimha Reddy
As recorded by the court registry
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