JUDGMENT

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. K.R.Kaushal Karan, party-in-person representing the appellant-M/s. V.K.A. Constructions.

Mr. I.V.Siddhivardhana, learned Special Government Pleader for the respondents.

2. This intra court appeal emanates from an order dated 02.01.2024 passed by learned Single Judge in W.P.No.10777 of 2019, by which writ petition preferred by the appellant has been disposed of.

3. Facts giving rise to filing of this appeal briefly stated are that the appellant claims to be the firm registered as a Special Class Contractor with Government of Telangana and is engaged in executing road works on contract basis with various Departments of the State Government including the respondents. The Engineer-in-

Chief (R&B), National Highways, floated a tender on 30.12.2016 for the work of “Widening & Strengthening of Nadergul to Sagar PWD Road (via) Adibatla, Kongarakalan, Mangalpally from KM 0/0 to 17/5 (Working Reach from KM 0/0 to 9/0) in Ranga Reddy District”. The appellant participated in the aforesaid tender and was declared as successful bidder. A letter of acceptance dated 15.02.2017 was issued to it by the Superintending Engineer (R&B), National Highways. According to the appellant, it proceeded with the work which was awarded to it after obtaining working drawings. However, it is the case of the appellant that it was forced to do the work which was beyond the specified working reach without any written approval. It is the case of the appellant that 90% of the project work is complete. However, even payment of admitted bills has not been made to it.

4. The appellant therefore approached the Superintending Engineer (R&B), National Highways on 28.11.2018 seeking release of payments due to it. The appellant thereafter by communication dated 28.12.2018, delivered to the appellant on 11.01.2019, was asked to resume the work notwithstanding the fact that the work awarded to it was not in existence. The appellant thereupon on 18.01.2019 invoked clause 23.1 of the conditions of contract and requested the Executive Engineer (R&B), National Highways to treat the contract as closed. It is the case of the appellant that under the coercion exercised by the respondents, the appellant sought extension of time upto 30.06.2019 to execute the balance work. It is the case of the appellant that the time for completion of the remaining work was extended upto 30.06.2019 without any liquidated damages. Thereafter, the contract awarded to the appellant is terminated on

04.05.2019.

5. The appellant thereupon filed a writ petition before the learned Single Judge namely W.P.No.10777 of 2019, in which a writ of mandamus was sought seeking the quashment of termination notice dated 04.05.2019 as well as subsequent ratification dated 21.05.2019. The appellant sought a direction to the respondents to make payment of the admitted amount of bill to the tune of Rs.62,30,212.00.

6. Learned Single Judge by an order dated

02.01.2024 disposed of the writ petition namely W.P.No.10777 of 2019 with the direction to the respondents to make payment of the admitted amount of the bill. However, it was held that the issue pertaining to termination of contract requires adjudication of disputed questions of fact which may not be adjudicated in a summary proceeding under Article 226 of the Constitution of India. The appellant therefore relegated to avail of the alternative remedy provided to it under the law. In the aforesaid factual background, this intra court appeal has been filed.

7. Party-in-person submitted that he has not abandoned the work and the Superintending Engineer (R&B), National Highways, has not ratified the order of termination dated 04.05.2019. It is further submitted that the order of termination of the contract dated 04.05.2019 is arbitrary and is violative of fundamental right of the appellant to carry on business. It is further submitted that though appellant was ready and willing to perform the remaining part of the contr