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2003 Supreme(AP) 37

N.V.RAMANA, B.SUDERSHAN REDDY
ECI Engineering and Construction Co. , Limited. – Appellant
Versus
Government Of A. P. , Industries and Commerce (Mines) Department – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THE petitioner-company herein invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of india seeking a Writ of Mandamus declaring the Memo No. l9005/m. II (1)/2001-3, dated 20-2-2002 issued by the first respondent and the consequential demand Notice No. 4823/ mr2/99, dated 15-3-2002 issued by the second respondent, as illegal, improper, unjust and violative of the principles of natural justice.

( 2 ) THE petitioner-company was awarded a work of site levelling and grading work (part of Group-I of Tender no. BHEL:ps:sct:808) in the plant area in 2 x 500 MW Simhadri Thermal Power project, near Visakhapatnam. Andhra pradesh by M/s. Bharat Heavy Electricals limited (BHEL) as sub-contract. We have noticed the details and terms and conditions of the sub-contract in W. P. No. 6916 of 2002 and Batch. The scope of the sub-contract entrusted to the petitioner involves (1) Earth work Excavation, back filling, disposal as per the specifications and drawings; (2) Earth work in filling and grading obtained from compulsory excavation; and (3) Supplying and filling earth as per specifications. The time allowed for completion of work




























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