NARAYANA S Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner as well as the Government Pleader appearing for the respondents. Both the Counsel have agreed for final disposal of the writ petition.

(2.) The only grievance of the petitioner is that even before the determination of the contract, inviting the tenders to execute the balance work of improvement for the construction of earthdam of Mopadu Reservoir in Pamuru Mandal, Prakasam District by the Superintending Engineer - 1st respondent vide his Tender notice No. SE/DB/D5/10/1999-2000 dated 30-04-1999 is illegal, arbitrary and consequently to direct the respondents to permit the petitioner to complete the balance work and to pay the amount to the petitioner for the work done.

(3.) It is alleged by the petitioner that the petitioner entered into an agreement vide L.S.No. 15/97/98, dated 24-12-1997 and the value of the agreement is Rs. 78,84,954/- and as per the contract, the work has to be completed within nine months and the stipulated time expired by September, 1998. It is stated that due to several reasons beyond his control, the petitioner could not execute the entire work. It is further submitted by the petitioner that even before determination of the contract, tenders have been called for, and therefore, the action of the 1st respondent in inviting the tenders as illegal, arbitrary and contrary to and beyond the scope of the terms of the agreement.