Vemula Jaipal Reddy v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in terminating the contract issued to the petitioner vide Proc. No. E E/TS EW I DC/VVG L/KGBV/Ash oknagar 12025 dated 24.1 0.202 5 issued by the 5th respondent, citing non-commencement of work, without handing over the site for construction in spite of several requests and also issuing a new tender for the very same work dunng the subsistence of the contract l ith the petitioner, as being arbitrary, illegal, unjust and violative of Articles 1 ,1, 19 and 21 of the Constitution of lndia and human rights and consequenlly a) quash the Proc. No. EE/TSEWIDC/WGL/KGBV/Ar; oknagar/2o2s daled 24.1O.2025 rssued by the 5th respondent terminating the r ontract under Clause 58 of PS to APDSS, as being illegal, arbitrary, unconstitL t onal, and violative of the principles of natural justice. b) direct the Respondent to forthwith withdraw the fre; I tender issued vide Tender Notice No. SE/TSEWIDC/HYD. NIT/626/2025-26 riated 13.10.2025, for the work covered under Contract No.6012024-25 dated 1 1 ,o ' .2024 c) direct the Respondents to forthwith hand over the rite to the allow the Petitioner to commence and complete the work as per ()lntract No.60/2-24-25 dated 1 1.07.2024 d) direct the Respondents to pay compensation of Rs 25.00,0001 to the Petitioner for the Iosses incurred on account of his not takir), I up any other work in order to fulfil his contractual obligation to complete the suL j :ct work, for over one year, which could not be done due to the delrberate inactio-t of the respondents in handing over the site and arbitrary and illegal termination ( f the contract, and/or in the alternative, drrect the Respondents to consider th: Petitioners claim for compensation in accordance with law lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the c i cumstances stated in the affidavit filed in support of the petition, the High Court rr,ay be pleased to stay the operation of the impugned termination order I rde Proc. Rc. No. EE/TS EWI DCA//G U KG BV/Asho knagail 2025, daled 24.1 O.2'.)25, and restrai n the Respondents from taking any further steps pursuant to Lhe new Tender No. SE/TSEWIDC/HYD.NIT/626/2025-26 dated 13.10.2025 1c r the subject work, pending disposal of main writ petition Counsel for the Petitioner: SRI DR S GOVERDHAN RAO Counsel forthe Respondentilos. 1 & 2: GP FOR SCHOOL EDUCATION Counsel for the Respondent Nos. 3 to 5 : SRI A. YADAVA REDDY, SC FOR TGEWIDC The Court made the following: ORDER ,,ij THE HON'BLE MRS. JUSTICE SUREPALI.: NANDA W.P. No. 33437 oF2 25 ORDE R: Heard Sri Dr. S. Goverdhan Rao, le; rned counsel appearing on behalf of the petitioner, learnt:,1 Government Pleader for School Education appearing )n behalf of Respondent Nos. l and 2 and Sri A. yadava lleddy, learned standing counsel appearing on behalf of Rest ondent Nos.3 to 5. 2 Th Petiti o ner aDDroa ched this C our L seekin DT verasu nder: pet t oner "To issue an appropriate Writ, Ordr: or Direction, more particularly one in the nature oF Wr t of Mandamus declaring the actions of Respondents in .r rminating the contract issued to Proc.No.EEITSEWIDC/WGL/KGBV/Ashoknaga /2OZS dated 24.LO.2025 issued by the 5th responden, citing non- commencement of work, without handing ov 3r the site for construction in spite of several requests anrJ also issuing a new tender for the very same work during .l,e subsistence of the contract with the petitioner, as b( ing arbitrary, illegal, unjust and violative of Articles 14, 1{) and 21 of the Constitution of India and human rights and cc rsequenUy, z SN,] WP No.33437 2025 a) Quash the Proc.No.EEITSEWIDC/WGL/KGBV/ Ashoknagar/2025 dated 24.10.2025 issued by the 5th respondent terminating the contract under Clause 58 of pS to APDSS, as being illegal, arbitrary, unconstitutional, and violative of the principles of natural justice, b) direct the Respondents to forthwith withdraw the fresh tender issued vide Tender Notice No. SE/TSEWI DC/HYD. NIT/ 626 / 2025-26 dated 1 3. 1 0. 2025, for the work covered under Contract No.60/2024-25 dated t|.07.2024, c) direct the Respondents to forthwith hand over the site to the Petitioner and allow the Petitioner to commence and complete the work as per Contract No.60/ 2024-25 dated 11.07.2024, d) direct the Respondents to pay compensation of Rs.25,00,000/- to the Petitioner for the losses incurred on account of his not taking up any other work in order to fulfill his contractual obligation to complete the subject work, for over one year, which could not be done due to the deliberate inaction of the respondents in handing over the site and arbitrary and illegal termination of the contracu and/or in the alternative, direct the Respondents to consider the Petitioner's claim for compensation in accorda n ce with law; and e) Pass any other appropriate Writ, direction as this Hon'ble Court may deem fit and the facts and circumstances of the case." order or proper in l I I i ! E g l I i 2 t I I I I ! I I It I i I I I E i I i t I ,/,/ .:.' I 3 SN, ] wP Nc 13437 2025

3. The case of the petitioner in brief as per the averments made bv the petitioner in the aff !1 lavit filed bv the petitioner in support of the oresent writ 1 ition rs as (i) The petitioner is a certified Class-Iil - authorized to carry out works costing up to Rs. 4 ,l vil Contractor ores, with the ceftification being valid for a period of five / :ars. The 4th Respondent invited tenders on 05.02.2024 for the work of "Construction of Classrooms, Laboratory, ond To et Blocks for the Upgraded KGBV to Junior College at Khan.J ur, Warangal District." The petitioner's bid being the lo,r Respondent awarded the work to the petitioD, lst, the 4th r, who duly complied with all contractual formalities in terms,) the award of work and executed Agreement Bond No. 6O/2U. -25 with the 4th Respondent on 1L.07.2024. (ii) Subsequently, a new tender notice wa: ssued for the very same work during the subsistence of tlt r petitioner,s contract, vide Tender Notice No. SE/TSEV1/ DC/HYD. NIT/ 626/2025-26, dated 13.10.2025. Thereafter, the 5t r Respondent illegally terminated the petitioner's contract for tr nstruction of the said KGBV building at Ashok Nagar, Khanattr, Warangal 4 SN,J WP No.33437 2025 t District, vide proc. Rc. No. EEIISEWIDC/WGVKGBV/ Ashoknagar/2025, dated 24.lO.ZOZS, citing non_commencement of work. However, the site for construction was never handed over to the petitioner despite several requests. The issuance of the fresh tender on 73.L0.2025, i.e., 11 days prior to the termination order dated 24.1O.2025, is arbitrary, unfair, and prejudicial to the petitioner, being in crear vioration of the terms of the Agreement executed on LL.07 .2024. Hence, the petitioner has filed the present Writ petition challenging the said termination order and the fresh tender notification.

4. PERUSED TH E RECORD. (A) The order tmou ned dated 24.1O.20 25 issued es on ent Pro Rc.No.EElT SE WIDC/WGL/ KGBV/ Ash oknaqa r/ 2025. ext acted hereu n der: "The work of "Construction of KGBV Building at Ashok nagar (V) of Khanapur (M) in Warangal District,, sanctioned vide proceedings 1't cited, with an estimated cost of Rs.230.00 Lakhs was entrusted to Sri V.Jaipal Reddy on Tender basis (-) 6.77o/o Less with a condition to complete the work within (L2) months. The agreement was concluded on tt.O7.2OZ4 with a time period to complete .,lt: 5 SN,] wl' No 33437 -2025 the work by 10.07.2025 i.e., by Twelve mor:hs as per the milestones specified in the Agreement condi,.i )ns. Though the Agreement was : rncluded on 11.07.2024, the contractor has failed to ( )mmence the work until a fully fledged building is san(t oned. In this regard, Thc Superintendent Engineer, lyderabad is perrnitted to close the agreement under 58 t, pS of ApDSS with immediate eFFect. In view of the above the contract : rtered by Sri V.Jaipal Reddy, Contractoi- for Construc: tn of KGBV Buildinq at Ashok nagar (V) of Khanapur (t4 | in Warangal District is hereby terminated under claus,: 58 of pS to APDSS. " DISCUSSION AND CONCL US ON:

5. Learned standing counsel appearing c n behalf of respondent Nos.3 to 5 upon instructions subnr ts that upon the petitioner approaching the Sth respc ndent with representation intending to proceed with cor struction of Class Rooms, Laboratory and Toilet BIoc,<s for the Upgraded KGBV to Junior College at Khanapur, Warangal District, as per contract No.6O/2024-25 datec LL.O7.2O24l the same would be considered by the 5th res 1,666gnt and the order impugned dated Z .LO.ZOZS pe rtaining to \ 6 sN,l WP No.33437-2025 termination of the contract awarded to the petitioner by the 5th respondent would not be given effect too.

6. Learned counset appearing on behalf of the petitioner does not dispute the said submission made by the learned standing counsel appearing on behatf of respondent Nos.3 to 5.

7. Bringing the said submission of the learned counsel appearing on behalf of the petitioner and learned standing counsel appearing on behalf of the respondents 3 to 5 on record, the writ petition is disposed of without going into the merits of the case and rival contentions put forth by both the learned counset on record upon consent as u nder: - The petitioner is directed to address a representation to the Sth respondent herein seekang award of contract of construction of Class rooms, laboratory and toilet blocks to upgraded KGBV to Junior Coltege at Khanapur, Warangat District, within a period of one (O1) week from the date of receipt of a copy of this order and upon the respondents 3 to 5 receiving the said representation of the petitioner, the respondents shall consider the request of the petitioner to withdraw the order impugned dated 24.LO.2O25 issued by the 5th respondent pertaining l I i II I I I ! I I ! : I I I 1 I i ! I i l l 7 S N,,) WP:,1o.33437 2025 to termination of contract awarded to t re petitioner as per contract No.6Or/2024-25 dated L:. 07.2024 and also the request of the petitioner to t andover the subject site to the petitioner to c(,r'lmence the construction as per the earlier cc ntract vide Agreement No.6O/2O24-25 dated 11.07. 2O24, within a period of one week thereafter and pas,: appropriate orders, duly communicating the dec i ;ion to the petitioner herein.

8. Accordingly, the writ petition is disposeC of. In so far as, the other reliefs sought for by the retitioner is concerned pertaining to the withdrawal c f the fresh Tender Notice dated 13.1O.2025, the learn 3d standing counsel upon instructions submits that ther,: is no active notice as on date as the said notice had a lready been withdrawn and the said submission of the lea ned counsel appearing on behalf of the respondents is al:;r brought on record. However, there shall be no order as to :osts. Miscellaneous petitions, af any, pendin g shall stand cl osed. SD/.AHM : ) ABDULLAH KHAN AS:; STANT REGISTRAR //TRUE GOPY// SECTION OFFICER To, 1 2 3 ThePrincipalsecretary,DepartmentofSchoolEdur:ztion'Secretariat'The State of Telangana.HYderabad. commissioner and Director of School Education, 'iaifabad, Hyderabad 500004 The Chief Engineer, Corporation (TGEW Fateh tvlaidan. Abids H erabad, 500001 T.S. Education and Welfare lnfr;t'tructure Development IDC), R;irv Vidyi Mission Buildin ;, LB Stadium Road, I 4 5 t) 7 8 o The superintending Engine.et _T.s. Education and werfare lnfrastructure Development Corporation (TgFrytgg), Rairv Vidy; rr/isston A;itd-ing]'lB Stadium Road. Fateh Maidan. Abida Hyderab'aO, SOdOOT Ih" Executive Engineer, T.S. Education and werfare rnfrastructure Development corpoiation (TGEWrDal-tl flJoi DEo office, waranoar (Rural), Adalath Circle, Hanjmkonda, Waranqal UiOl., SOOOOf One CC to SRt DR S GOVERDHAN RAO, Advocate [OPUC] One CC to SRI A. YADAVA REDDY, SC FOR TGEWTDC Two CCs to GP FOR EDUCATTON, Hrgh Court for the State of Telangana. Two CD Copies I l PVL I]S HIGH COURT CC.I ODAY DATED:1011112025 L of Tci, .$ s> t t : ( LL ,t .$ o ) &9 tH+ \ I \ ORDER WP.No.33437 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS v\ ( \q^ l-,\