A.LAKSHMANA RAO, P.VENKATRAMA REDDY
Government of A. P. rep. by its Prinicipal secretary Irrigation and C. A. D. Dept. Hyderabad – Appellant
Versus
S. V. Contractors, Seethamma- dhara, Visakhapatnam, rep. by its managing Partner, M. R. L. Rajagopal – Respondent
( 1 ) AN apparently innocuous order passed in a writ petition directing reference of the dispute to arbitration based upon the consent of the Counsel has given rise to these Writ Appeals.
( 2 ) THE relevant facts are these: The respondent-firm was awarded a contract by the Superintending Engineer, Y. R. P. Circle, Visakhapatnam (3rd appellant herein) for the excavation of Yeleru left main canal between specified kilometres. The agreement in this regard was executed on 16-4-1987. It is the case of the respondent-writ petitioner that while the excavation work was in progress, he was encountered with hard rock which required blasting. In view of the objections from the villagers, controlled blasting had to be resorted to under the instructions of the concerned engineers. Extra payment over and above the agreement was made only for a quantity of 15 200 cmt. in respect of which a supplemental agreement was also entered into on 24-3-1989 but the Department failed to make payment at the extra rate for the balance work said to have been done by the respondent-writ petitioner. Contending that the action of the concerned authorities in not making the payment at the e
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