STATE OF ANDHRA PRADESH Vs. RAGHUNADHA RAO

JUDGEMENT

(1.) Against the judgment of a learned single Judge K. Ramaswamy, J. (as he then was) allowing Writ Petition No.9797/83 (V. Raghunadha Rao vs. State of A.P & ors), declaring certain Preliminary Specifications of the Andhra Pradesh Detailed Standard Specifications as unconstitutional this appeal was preferred by the State of Andhra Pradesh.

(2.) The sole respondent herein is a registered Class-I Contractor, formerly designated as A-Class Contractor. For all Government works of the value of more than Rupees Fifteen Lakhs only Class-I Contractors are eligible to submit tenders. Amongother conditions for registrationasClass-IContractor solvency to the extent of Rupees Two Lakhs is a necessary pre-condition. In respect of the construction work "Ogee Spillway from Chain 91.45 to Chain 110 of Taliperu ProjectatPedamidisileru village, Khammam District" a notification was issued by the Government of Andhra Pradesh on 29-9-1977 inviting tenders. The tender schedules were issued on 2-11-1977 and 3-11-1977. The last date for receiptof the tenders was 8-11-1977. Detailed description of the work contained as many as 70 items. The sole respondent herein submitted his tender on 8-11-1977 stipulating certain conditions stated in the covering letter accompany his tender. He was called for negotiations and an agreement was concluded on 23-12-1977 Lumpsum Agreement No.28/77-78 for Rs.80,20,884-05. The site was handed over to the respondent on 19-1-1978 and the work was required to be completed within 18 months from the date of handing over of the site i.e., before 18-7-1979.

(3.) The Andhra pradesh Detailed Standard Specifications are in two parts. Part-I consists of Preliminary Specifications and Part-11 Standard Specifications. Both invariably form part of contracts entered into by the State for execution of works.