MIL-SMC(JV) v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewitt,, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Writ of mandamus declaring the action of the respondents herein of recovering or deducting the cost of the sand from the pending RA bills of the petitioner for the ; works executed pursuant to the agreement dt. 21.11.2016 with the respondents herein as directed by the respondent No.2 vide Lr. No. ENC(1)/DCE/OT- j t I f I I 1 /AEE1 /Sarrd Mining/20 17 dt. 01 .08.20 1 7 as illegal, arbitrary; colourable exerciqe of power and contrary to the terms and conditions stipulated in the agreement dt. 21.11.2016 and consequently direct the respondents herein to not to recover or deduct the r:ost of the sand from the bills payable to the petitioner herein under the agreeme:nt dt.21 .11.2016. lA NO: 1 OF 2024 Petiticrn under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interint directions restraining the respondents herein from recovering or making any deductions towards the cost of the sarrd as directed by the 2nd respondent rerein vide Lr. No. ENC(1)/DCE/OT-1lA,EE1lSand Mining/2O17 dt. 01.08.2017 from the running bills of the petitioner herein arising out of execution of work pursuant to the agreement dt. 21 .11.2016 of ttre petitioner herein with the respondents. Counsel for the Petitioner: Ms. KEERTHI KIRAN KOTA Counsel for the Respondents: AGP FOR lRRl AND COMM AREA DEV The Court mirde the following: ORDER r' THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI lITRIT PETITION No.L2166 of 2o24 ORDER: Writ Petition is filed seeking the following relief: "...to issue an appropriate writ, order or direction, more in the nature of Writ of mandamus declaring the action of the respondents herein of iecovering or deducting the cost of the sand from the pending RA bills of the petitioner for the works executed pursuant to the agreement dated 2l.ll.2016 with the respondents herein as directed by the respondent No.2 vide Lr. No. ENC (l)/DCE/OT-1/AEE1/Sand Miningl2or7 dated 01.08.2017 as illegal, arbitrary; colourable exercise of power and contrary to the terms and conditions stipulated in the agreement dated 2l.ll.2OL6 and consequently direct the respondents herein to not to recover or deduct the cost of the sand from the bills payable to the petitioner herein under the agreement dated 2L.11.2016 and pass..."

2. Heard Ms. Keerthi Kirana Kota, learned counsel for petitioner and learned Assistant Government Pleader for Irrigation and Command Area Development for respondents.

3. It is submitted by learned counsel for petitioner that subsequent to filling of Writ Petition, certain developments took place in the subject matter. \ \ 2 JAK.J W.P.No.l2l66 of 2024 1l

4. Learned counsel for official respondents placed on recor<l a letter Dated 24.O1.2025, addressed by the ExecuLtive Engineer, Irrigation Division No. 10, Chinthapally Mandal, Nalgonda District, to the petitioner Company. The Executive Engineer is arrayed as respondent No.7

5. 'lhe contents of the letter dated 24.01.20025, are as follow,s: "DINDI Lift Irrigation Scheme, Nalgonda Dist I)ackage-S: "DINI LIS - Formation of Earth Dam of I(istarampally Balancing Reservoir from Km.0.000 to I(m.3.400 including construction of Head Sluice at I(m.1.050 & Surplus Weir at Kistaramapally Village, Ohinthapally Mandal, Nalgonda (Dist)" - Excess amount graid due to non-deduction of the sand cost - Notice issued for recovery from work bills - Regarding. ENC(1), Lr.No.ENC(1)/DCE-I/Or-1IAEE-1/Sand Itlining/2O 17, Dated Ol.O8.2Ol7 . Ref:- l.

2. G.O.Ms.No.S4 Ind & Com.(M-1) Dept., Dated

26.r)9.2016.

3. C)E/Irrgn,Nlg.Memo.No.CE/lrrlNlg/DCE l0T6 / AE'E IDLIS I

4. E'kg.2 lV ol.2 / 3305, Dated 3 1. 1 1 .2024. ()E/lrrgn,Nlg.Memo.No.CE/IrrlNlg/DCE k3 / 347 6, Dated 3I. 12.2024. /Or4 /WSDLIS/Pa

5. SE/lClMall Memo. No.SE/IC-MalIlDB|DEEl lAEE2lAIt PKGS/ Sand / 2024-251 39-S, Dated LT .O L.2025. Vide references to the l"t to 4th cited, this off,rce is instructed to scrupulously follow the instructions of the Engineer-in-chief (irrigation), and to see that the initial cost o.l sand, the lead difference and the tender premium acplicable to that particular work shatl be deducted from ttre work bills of the contractor for the works which are ulilizing the sand as per G.O.Ms.No.S4 Ind & Com. (M-1) Dept., Dated 26.O9.2O 16. I I I I i , I I I i I I I I 3 JAK,J W.P.No.l2l66of 2024 Further, this office is instructed to follow the conditions laid down in the G.Q.Ms.No.54, Ind & Com.(M-l) Dept., Dated 26.09.20L6 while allocating sand to the agency as per the Government Order. Vide reference 5th cited this office is instructed to submit details of all the recoveries done for all the data of the sand items invoh,ed in the respective work. In this connection, the agencies are informed that initial cost of sand will be withheld in the subsequent bills and the same will be recovered.

6. It is submitted by learned counsel for petitioner that in view of the contents of the letter, petitioner be permitted to withdraw the writ Petition and challenge the letter dated 1 I

24.O1.2025, issued by respondent No.7.

7. A letter dated O7.1O.2O25 is on record, addressed to the Registrar (Judicial) by learned counsel for petitioner. It \ ! . submitted by the counsel for petitioner that the Writ Petition is being withdrawn on the instructions of petitioner. It is requested by learned counsel that liberty be granted to petitioner to challenge the letter dated 24 .O L .2025.

8. Permission is accorded to withdraw the writ petition. Need.less to state that petitioner is at liberty to avail remedies as available under law. \ \ i -t I 4 JAK,J W.P.No.l2l66 of 2024

9. For reasons aforesaid, writ Petition stands crosed. No order as to costs Miscell,neous petitions, if any, pending, shall stand dismissed. //TRUE COPY// SD/.A. JAYASREE REGISTRAR OFFICER To, 1- one c:c to Ms KEERTHT K|RAN KorA, Advoca,e topucl 2. TWO C:CS tO GP FOR IRRI AND C-OMIVI AREA DEV, High COUrt fOr thE StAtE of Telangana at Hyderabad . TOUTI I I

3. Two CD Copies PMK BS I HIGH COURT DATED :1311012025 -; tiE s i O I -t i 6 '{/ig lrlfr * ORDER WP.No.1l2166 of 2024 CLOSIN(3 THE WRIT PETITION WITHOIJT COSTS 6 W, '. , a , ;-