J DEVENDER REDDY Vs. KAKATIYA UNIVERSITY

JUDGEMENT

(1.) THIS Writ Petition is filed for a Mandamus to declare the inaction of the respondents in arranging payment to the petitioner towards the works executed by him under agreements, dated 25 -04 -2005 and 09 -01 -2009, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to pay the amount due to him for the contract works along with interest @ 12% p.a., from the due date.

(2.) I have heard Mr.V.Narasimha Goud, learned Counsel for the petitioner, and Mr.Deepak Bhattacharjee, learned Standing Counsel for respondent No.1 - University.

(3.) THE petitioner pleaded that in pursuance of tender notification, dated 17 -03 -2005, the petitioner has filed his tender for construction of a library building to the University Law College; that the petitioner had paid the bid amount of Rs.18,33,334.42 ps., as against the estimated contract value of 23,79,744.04 ps.,; that an agreement bearing No.1/0/05 -06, dated 25 -04 -2005, was entered into between the parties; that in pursuance thereof, the petitioner had commenced the construction work and completed it within the stipulated period of six months; that the library building was inaugurated on 15 - 11 -2006; that another agreement was entered into between the petitioner and the respondents on 09 -01 -2009 for construction of first floor of the University Law College building; that respondent No.1 has felt the necessity of getting executed by the petitioner certain additional works such as construction of portico, dismantling and construction of stair case in the lobby, repairs and replacement of windows in the lecture halls 1 and 2 at ground floor, repairs and painting at the ground floor, approach road from the main road to college portico, closure of old gate and reconstruction of gate in front of the building. Accordingly, these works were entrusted to the petitioner for an estimated value of Rs.9,50,000/ -. The petitioner pleaded that he has completed all these works, but, he is being denied payment of the amount.