D V MAHESH Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) These two writ petitions i.e., W.P. No. 13972 of 1999 and 20762 of 1999 involve common questions of law founded on common application of legal principles and are thus heard together with the consent of the parties and disposed of by this common order.

(2.) Pursuant to a tender notification by the Government of Andhra Pradesh in respect of the work of formation of Reservoir across Seshugadda near Peddapalli village in Yelamanchili Mandal of Vizag District an agreement was entered into between the petitioner and the respondents No. 198-99 dt. 6-5-1998.

(3.) By the Tender Notice No. 1233 MM SD3 dt. 30-6-1999 issued by the Superintending Engineer, Irrigation Circle, Visakhapatnam. Tenders were called for in respect of construction of an extra work i.e., Gorge portion earth work and Revetment arrangement from 210 meters to 300 meters which part of the work was initially entrusted to the petitioner in these cases under the agreement dt. 6-5-1998 already adverted to. This proceeding is the subject matter of challenge in W.P.No. 13972 of 1999. By a later proceeding dt. 5-7-1999 contained in the letter No. III5M/DB DI dated 5-7-1999 the Executive Engineer, Irrigation Department in purported exercise of the provision of Clause 60(c) of the Preliminary Specifications to A.P. Standard Specifications withdrew the work namely