HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.3578 of 2024

ORDER

This writ petition is filed seeking to declare the action of the respondent in not extending the benefit outlined in G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015, to Package No.22 of Kaleswaram Project (erstwhile Dr.B.R.Ambedkar Pranahita Chevella Srujala Sravanthi), with effect from 01.04.2018, as illegal, arbitrary and violation of principles of natural justice and for appropriate relief.

2. It is stated that the petitioner is the successful bidder for Package No.22 of Kaleswaram Project (erstwhile Dr.B.R.Ambedkar Pranahita Chevella Srujala Sravanthi), which involves Investigation, Designs and Execution of Lift Irrigation Scheme. It is stated that the petitioner has entered into an agreement with respondent authorities vide agreement No.SE/NSLIC/NZB/03/ 2008-09, dated 20.11.2008 for contract worth Rs.1446.48 Crores on EPC (Engineering, Procurement and Construction) turnkey system. It is stated that the petitioner has submitted a proposal for revised scope of work for Package No.22 and the same was approved by the Government and conveyed vide Memo No.585/Project-IV/A1/2018-6, dated 31.03.2018 and additionally, the Government has accorded permission for formation of five new reservoirs under Package No.22 vide Memo No.585/Project- IV/A1/2018-6, dated 31.03.2018 to be taken up as a separate contract. It is stated that the petitioner is entitled for the benefit as per clause 46.2 and 46.3 of General Conditions of Contract (GCC) and price adjustment is payable in respect of cement, steel and fuel and no price adjustment is payable towards labour and other materials but the Government issued orders that price adjustment towards labour and other materials is admissible to some of EPC packages vide G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015. It is further stated that in addition to steel, cement and POL, for the work done after 04.04.2013. It is stated that since the petitioner is eligible under various Government Orders issued by the Government and also in terms of G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015, the petitioner has made a representation on the file of the respondent authorities requesting to extend the benefit in terms of G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015, vide its letter No.SCL-INDU-KBL- WEG(JV)/Hyd/2023-24/EE, dated 12.07.2023. The grievance of the petitioner is that even though the petitioner is entitled for consideration of its claim in terms of G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015, respondent authorities are wantonly, on one pretext or the other, not extending the benefits while extending the same to other contractors.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioner vehemently contended that once the policy has been laid down by the Government and the same has to be extended to all the contractors, the State is not having any power to discriminate the persons in extending the benefits in terms of G.O.Ms.No.146, Irrigation and CAD (Reform)

Department, dated 08.10.2015.

5. This Court, without expressing any opinion with regard to the merits of the case and as it is stated that the benefits under G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015, were extended to the similarly situated persons, deems it appropriate to dispose of the writ petition directing the respondent authorities to consider the petitioner’s representation dated 12.07.2023, strictly in accordance with the policy enunciated in G.O.Ms.No.146, Irrigation and CAD (Reform) Department, dated 08.10.2015, and pass appropriate orders, within a period of three (03) months from the date of receipt of a copy of this order and communicate the same to the petitioner.