ALLAM SUBBARAYUDU Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal arises out of a judgment and decree dated 17 -11 -2008 in O.S.No.1 of 2005 passed by the Court of II Additional District Judge, Proddatur, Kadapa district. The unsuccessful plaintiff is the appellant.

(2.) In this judgment, for the sake of convenience, the parties will be referred as the plaintiff and the defendants.

(3.) The plaintiff is a civil contractor. He entered into an agreement with the 1st defendant on 01 -01 -1996 in relation to the work of formation of Neelapuram distributory, Gudipadu distributory and Gollapalli distributory branching from Chennamukkapally regulator. It was stipulated in the agreement that the work should be completed by 30 -6 -1996. The work order was issued by the 2nd defendant on 31 -01 -1996. The plaintiff undertook the work in Neelapuram distributory up to a length of one kilometre in the Government land. The work of the other distributories was not taken up due to non -availability of the site. It is the version of the plaintiff that on the belief that the entire site would be provided by the defendants within a reasonable time, he mobilised men and machinery to commence the work. He could not complete the work within the stipulated time as the defendants failed to provide the site without any obstruction and there was obstruction from the persons in possession of the assigned lands through which the work has to be carried on. There was lot of correspondence between the plaintiff and the defendants in this regard. The plaintiff executed the work to some extent in the allotted site and the defendants released the bill for an amount of Rs.10,87,398/ -. The defendants recovered an amount of Rs.1,76,963/ - towards the value of the cement. Under these circumstances, the plaintiff filed the suit before the trial Court praying for the following reliefs: