VAKICHERLA SANTHA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) By consent of learned counsel for the parties, both the Writ Appeal and the Writ Petition are taken up for hearing and disposed of by this common judgment.

(2.) The Appellant herein is a firm engaged in contract business. The respondents assigned it with certain lease works viz., to remove the over-matured Eucalyptus or Jungle bushes etc., from the identified area covered under the lease within the stipulated time. The parties have entered into an agreement to that effect on 28-4-1998. Since the appellant has failed to complete the lease work even within the extended period of contract, as per the terms of contract, not only the contract awarded to the appellant was terminated by one Mr. Veera Rajulu who according to the appellant is the then Head of C & LD, but also the security deposit and the EMD furnished by the appellant were also forfeited. It is made clear in the impugned order No.SCF/C & LD/PT-I/Rev/97-C- 49825, dated 10-12-1999 that the termination of the contract is without prejudice to the Government's rights to take action under any other clauses or sub-clauses of the agreement and to realize government dues and losses and damages whatsoever under such clauses or sub-clauses.

(3.) Questioning the correctness of the termination order, the appellant filed W.P. No.1425 of 2002 in this Court seeking a Writ of Certiorari and Mandamus calling for the records pertaining to the contract dated 30-12-1999 in proceedings No.SCF/C & LD/ PT-1/97-C-49825 and for a consequential direction directing the respondents to pay the appellant-petitioner compensation in a sum of Rs.84,00,000.00 sustained by it due to the termination of the above contract by the respondents 2 and 3.