HIGH COURT OF ANDHRA PRADESH
Subba Reddy Satti, J
Shirdi Sai Baba Constructions – Appellant
Versus
State Of Andhra Pradesh – Respondent
WRIT PETITION NO: 29586/2023
| Table of Content |
|---|
| 1. overview of the blacklisting dispute and procedural background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. requirement of show-cause notice before blacklisting contractors. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. limitations on recovery notices beyond defect liability period. (Para 18 , 19 , 20 , 21) |
Petition under Article 226 of the Constitution of India 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 WRIT OF MANDAMUS declaring Memo No. 1929135/Vig. 11/2022, dt. 25-03-2023 issued by the 1st respondent whereunder directed to blacklist the petitioner for on the allegation of substandard quality work execution and the proceedings dt. 01.062023 of the 4th respondent and the consequential letters dt. 17-05-2023 and 29-08-2023 of the respondents 2 and 3 whereunder directed me to pay an amount of Rs.37,074/- and to relay the rejected components of the work at the cost and risk of the petitioner failing which an amount of Rs. 43,71,676/- will be recovered towards the cost of the rejected components of work, is illegal, arbitrary and violation of Article 19(1)(g) of Constitution of India and to pass Prayer is amended as per the Order of this Court, dt.27.11.2023 vide order passed in I.A.4 of 2023.
IA NO: 1 OF 2023
Petition 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 suspend Memo No. 1929135/Vig. 11/2022, dt. 25-03-2023 issued by the 1st respondent whereunder directed to blacklist the petitioner for on the allegation of substandard quality work execution and the consequential letters dt. 17-05-2023 and 29-08-2023 of the respondents 2 and 3 whereunder directed me to pay an amount of Rs.37,074/- and to relay the rejected components of the work at the cost and risk of the petitioner failing which an amount of Rs. 43,71,676/- will be recovered towards the cost of the rejected components of work, pending disposal of the main writ petition and pass
IA NO: 2 OF 2023
Petition 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 permit the petitioner to implead the Engineer in Chief (PR) as respondent no.4 in the writ petition as he is the proper and necessary party to these proceedings and pass
IA NO: 3 OF 2023
Petition 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 suspend Memo No. 1929135A/ig. II/2022, .dt. 25-03-2023 issued by the 1strespondent whereunder directed to blacklist the petitionerfor on the allegation of substandard quality work execution and the proceedings dt.01-06-2023 of the 4threspondent and the consequential letters dt. 17-05-2023 and 29-08-2023 of the respondents 2 & 3 whereunder directed me to pay an amount of Rs.37,074/- and to relay the rejected components of the work at the cost and risk of the petitioner failing which an amount of Rs. 43,71,676/- will be recovered towards the cost of the rejected components of work, pending disposal of the main writ petition and pass such other order or orders as this Hon‟ble Court may deem fit and proper in the circumstance of the case” in the place of “I further humbly pray that this Hon‟ble Court may be pleased to suspend Memo No.1929135A/ig. 11/2022, dt. 25-03-2023 issued by the 1 respondent whereunder directed to blacklist the petitioner for on the allegation of substandard quality work execution and the consequential letters dt. 17-05- 2023 and 29-08-2023 of the respondents 2 & 3 whereunder directed me to pay an amount of Rs.37,074/- and to relay the rejected components of the work at the cost and risk of the petitioner failing which an amount of Rs.43,71,676/- will be recovered towards the cost of the rejected component
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