Disposed

Golla Raja Rao, v. The State of Andhra Pradesh

Telangana HC18 Aug 2015WP/25992/2015

Case brief

AI extract

What is this about?

Contractors challenged notices for recovery of excess payments issued by the Executive Engineer without prior notice. The court granted liberty to explain within 15 days, stayed coercive steps, and directed fresh orders within 30 days.

What did the court decide?

Liberty granted to submit explanation within 15 days; coercive steps stayed; fresh orders to be passed within 30 days.

Golla Raja Rao, Vs The State of Andhra… — Contract and Commercial Disputes | Telangana HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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WRIT PETITION Nos.25971, 25975, 25976, 25984, 25992 and 25999 of 2015

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Between: Jagata Srinu, and others .. Petitioner and The State of Andhra Pradesh Rep. by its Principal Secretary Irrigation Department Secretariat, Hyderabad and others .. Respondents DATE OF ORDER PRONOUNCED: 18.08.2015 SUBMITTED FOR APPROVAL:

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THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO

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1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments? 2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

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3. Whether their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

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THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO

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WRIT PETITION Nos.25971, 25975, 25976, 25984, 25992 and 25999 of 2015

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COMMON ORDER:

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The petitioners are contractors, who executed the works under different agreements of Neelam Cyclone in the year 2012. It appears that the Vigilance & Enforcement officials inspected the records and found some irregularities. On the basis of the letters submitted by the Vigilance & Enforcement Department, the Executive Engineer issued notices asking the petitioners to pay certain amounts found to have been paid as excess. Challenging the said notices issued by the Executive Engineer, these writ petitions are filed.

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The learned counsel for petitioners submits that without issuing any notice or giving opportunity to the petitioners, the Executive Engineer issued the impugned notices for recovery of amounts. Since the impugned notices are for recovery of amounts from the petitioners, who executed the works way back in the year 2012, it is in the fitness of things that the petitioners should be put on notice with regard to the proposed recovery.

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In the circumstances, since the impugned notices contain the details with regard to the proposed recovery, liberty is given to the petitioners to submit their explanation pursuant to the notices within fifteen (15) days, from the date of receipt of a copy of this order, to the second respondent, and the second respondent shall consider the said explanation and pass fresh orders for recovery, if any, within thirty (30) days thereafter. Till such time, the second respondent shall not take any coercive steps against the petitioners.

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With the above directions, these Writ Petitions are disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in these Writ Petitions shall stand closed.

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______________________________ A.RAMALINGESWARA RAO, J Date: 18.08.2015 MVA

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THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO

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WRIT PETITION Nos.25971, 25975, 25976, 25984, 25992 and 25999 of 2015

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Date: 18.08.2015

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MVA

Golla Raja Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Golla Raja Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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