Dismissed

M/s M.a.Waheed Engineers and Contractors v. Telangana State Irrigation Development Corporation Ltd.

Telangana HC11 Sept 2024WP/35071/2016

Case brief

AI extract

What is this about?

The High Court dismissed this writ petition filed by the proprietors of M/s M.A.Waheed Engineers challenging termination of a construction contract with Telangana State Irrigation Development Corporation as infructuous, holding that the cause of action did not survive for adjudication.

What did the court decide?

Writ petition dismissed as infructuous. Adjacent petitions, if any, stand closed. No order as to costs.

M/s M.a.Waheed Engineers and Contractors… — Contract and Commercial Disputes | Telangana HC (2024)

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132521

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 35071 OF 2016

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Between:

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M/s M.A.Waheed Engineers and Contractors, MIGH-27, Royal Regency, Mehdipatnam, Hyderabad 500 028 Rep by its Proprietor M.A.Waheed.

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tvl.A.Waheed, S/o Late M H. Patel, aged 42 yrs R/o 8-1-398/D, IAS Colony, Hyderabad 500 088

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.....PETITIONERS

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AND

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1 Telangana State lrrigation Development Corporation Ltd., Represented by its Superintending Engineer # 8-2-6741218 Road No.'13, Banjara Hills, Hyderabad.

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2 State of Telangana, Represented by its Principal Secretary, lrrigation and CAD Department, Secretariat Buildings, Hyderabad.

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.....RESPONDENTS

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Petition Under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction and more particularly, one in the nature of Writ of l\ilandamus declaring the action of 1st respondent in terminating the contract of Construction and Commissioning of Sirsa Lift lrrigation Scheme on Pranahitha River, in Kotapally Mandal of Adilabad District vide agreement dated 21.06-2010 by issuing impugned communication vide letter No.'lDC/S E/Hyd/NRML/SirsaLlS/2016-171674 dated. 26.08.2016 as illegal, arbitrary and unconstitutional and in vrolation of principles of natural lustice and set aside the said communication vide letter No lDC/SE/Hyd/NRML/SirsaLlS 12016-17 1674 dated 26 08.2016.

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l.A.NO:1 OF 2016^(WPMP.NO: 43229 0F 20161

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Petition Under Section 151 CPC^praying thatⁱⁿ the circumstarlces^{stated in} the affidavit filed in support of the^petition, the High Court^{may be pleasedto} suspend the operation of the impugned communication^{vioe letter No} .lDC/SE/Hyd/N RIVIL/S irsaL I Sl 2016-171674 daled^{26.O8 2016 issued by the 1st} respondent, pending dtsposal of the above writ^petition.

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Counsel for the Petitioners : SRI TARUN^G.REDDY

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Counsel for the Respondent No.1 : SRI MOHD MOIN AHMED QUADRI

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Counsel for the Respondent No.2 : GP FOR lRRl AND^COMMAREA DEVELOPMENT

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The Court made the following ORDER

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HON'BLE MRS JUSTICE SUREPATLI NANDA

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WRIT PETITION 0.35071 0 F 2016

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ORDER:

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Heard Sri Tarun G. Reddy, learned counse! appearang on behalf of the petitioners, Sri Mohd. Moin Ahmed Quadri, learned Standing Counsdl for TG IDC, appearing on behalf of respondent No.1 and learrrsd Assistant Government Pleader for f rrigation and Command Area Development, appearing on behalf of respondent No.2.

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2. The petitioners approached the Court seeking

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prayer as under:

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" .... to issue an appropriate writ order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of 1sr respondent in terminating the contract of Construction and Commissioning of Sirsa Lift Irrigatlon Scheme on Pranahitha River in Kotapally Mandal of Adilabad District vide agreement dated 21-06-2010 by issuing impugned communication vide letter No.1DC/SE/ HydlN RM L,rSi rs a LIS / 2076- 17 / 67 4 dated 26-08-20 1 6 as illegal, arbitrary and unconstitutiona I and in violation of principles of natural justice and set aside the said communication vide letter No

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IDC/SE/ H ydlN RM L/Si rsa LIS/ 20 16^- t7 I 67 4, dated 26.O8.2O1,6 and pass...^".

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It is represented by learned counsel appearing on behalf of the petitioners that the cause of action in the^present writ petition does not survive for adjudication any more.

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Bringing the said submission on record, the Writ Petition is dismissed as infructuous. However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.

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SD/. P.PADMANABHA^REDDY ASSISTANT REGISTRAR

//TRUE COPY//

-^.-

SECTION^OFFICER

To ,| Two CC's to GP^{FOR lRRlAND COMMAREA DEVELOPMENT,High Court} for the State of Telangana^{at Hyderabad} toull - .^. 2 One CC to SRI TARUN^{G.REDDY,Advocate [OPUC]} O; aa io snt vOHo^{IMOIN AHMED QUADRI,Advocate IOPUC]} 4 Two CD Copies SA LS s

HIGH COURT

DATED:1 110912024

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ORDER

WP.No.3507'l ot 2016

DISMISSING THE W.P

AS INFRUCTUOUS WITHOUT COSTS.

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@'{''

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s^rO \e

M/s M.a.Waheed Engineers and Contractors v. Telangana State Irrigation Development Corporation Ltd.

Case brief

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What did the court decide?

M/s M.a.Waheed Engineers and Contractors v. Telangana State Irrigation Development Corporation Ltd.

Case brief

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What did the court decide?

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