ORDER:

This writ petition is filed seeking the following reliefs:

(a) Declare the action of the respondent No.4 i.e., The Superintending Engineer, Operation Circle, Siddipet in issuing the impugned Memo No.SE/OP/SDPT/DE(T)/ADE(C)/AE(T)/F.No.61/D.No.1709/23-24 dt.13.102023 for recovery of Rs.37,13,136/- from the petitioner towards total repair cost of 5MWVA PTR at Dharmaram (Vg), Mirdoddi Operation Section, Dubbak Sub division, Sidipet Division of Siddipet Circle as illegal, arbitrary and violative of Article 14 & 21 of the Constitution of India and consequently set aside the same;

(b) Declare that the petitioner is not liable to pay Rs.37,13,136/- under the impugned Memo dt.13.10.2023.

2. Heard Sri Ajgal Ravi Babu, learned counsel for the petitioner; and Sri R.Vinod Reddy, learned Standing Counsel for the respondents.

3. Brief facts of the case as per the writ affidavit are that the petitioner is a license holder to carry out Electrical Installation work and the license was issued by Telangana Electrical Licensing Board with permit No.T2- 1240 and Licensing No.T-2431 issued under Regulation 34(c) APELR (Telangana Adaptation Regulation) 1987. The petitioner is having more than 10 years’ experience in executing Civil and erection of Electrical works in TS TRANSCO, NPDCL, CPDCL and TSSPDCL without any complaints. The license has been renewed from time to time and latest renewal was on 25.03.2023 with validity upto 04.01.2026 in the category of Class I and the petitioner is authorized to execute Civil works, erection maintenance of lines (upto 33KV only) and erection of 33/11 KV Sub- Station. Respondent No.3 and 4 called for tenders for erection of 33/11 KV Sub Station with connected 33 KV and 11 KV lines along with Civil Wrks at Dharmaram village in Mirdoddy Section, Dubbaka Sub Division of Siddipet Division and Circle. The total value of Agreement is Rs.47,96,141/- (GST 18% extra as per Government order from time to time). Petitioner being the lowest tenderer, was awarded work and Letter of Intent was issued in Lr.No.CGM/OP/r-Zone/Hyd/DE(T)/ADE- I/LOI/D.No.2383/18-19, dt.03.11.2018 and an Agreement No.85 of 2018-19 was entered into on 06.11.2018. The site was handed over in 1st week of March 2020 and Line Material was first issued to the petitioner on 18.03.2020. The work was commenced in April 2020 and in July 2020, Fabrication and Structural Material was supplied to the petitioner under TRANSPORT NOTE. It is the case of the petitioner he completed the work awarded to it in all respects and informed the respondents 6 and 7 to take charge of Switch Yard and to complete the charge of Power Transformer (PTR). It is the case of petitioner that the agreement enterered by the petitioner is only for “Erection of 33/11 KV Sub-Station with 33 KV and 11 KV lines along with Civil Works”. The installation / erection of PTR is to be carried out by other agencies or by TSSPDCL themselves, and the petitioner is no way concerned with the PTR. It is also his case that the work of unloading of healthy 5.0 MVA SSE makes PTR at 33/11 KV Dharmaram sub-station on 03.04.2021 in TRE Sub- Division, Siddipet was awarded to the contractor M/s S. Mallikarjuna Reddy, Proprietor of M/s All Electrical Works. It is also the case of the petitioner that after one month of completion of work, during the intervening days of 24/25.06.2021, a theft occurred in the premises and some unknown persons opened the top of transformer and stolen 2320 Kilograms of Copper Coils, approximately value of Rs.19,02,400/-, and 3700 liters of Oil approximately value of Rs.4,44,000/-. The total value of stolen material was about Rs.23,46,400/-. On receipt of complaint, the Police registered case in FIR No.114 of 2021 dated 25.06.2021 for the offence punishable under Section 379 IPC, and conducted investigation and apprehended some accused and filed charge sheet in C.C.No.289/2022 for the offences punishable under Sections 379, 411 of IPC and Section 3 of the Prevention of Damage to Pub