IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Sri. G.Venkateswara Reddy – Appellant
Versus
Union of India – Respondent
WP 7615/2021
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.7615 of 2021
06thFebruary, 2026 Between:
G. Venkateswara Reddy … Petitioner AND
1. Union of India, and another … Respondents
ORDER
In response to the Tender Notification dated 15.10.2018 issued by the respondent-Railways, the petitioner submittedhis bid, and was awarded three distinct sub-works located at different sites. These comprised Sub- Work No.1 relating to repairs and improvements to toilets in A, B, and C Blocks of the Rail Nilayam Compound, Sub-Work No.2 relating to renovation of the DMRC-cum-Conference Hall in the PCOM’s Office, and Sub-Work No.3 relating to repairs and improvements to baths, toilets, and allied facilities at RPF/TC and the 7th Battalion (RPSF) at Moulali. The respondent issued a Letter of Acceptance dated 12.11.2018, awarding the works for a total original contract value of Rs. 2,89,98,194.53 (roughly Rs.2.90 Crores), though the schedule attached to the Letter of Acceptance differed from the tender schedule. The petitioner furnished a Performance Guarantee of Rs.14,50,000/- vide Deposit Account No. 042520100172368 dated 12-12-2018 issued by Andhra Bank, Pattabhipuram, Guntur, and executed an Agreement dated 14-12-2018. It is however contended by the petitioner that the agreement copy was never furnished despite repeated requests.
1.1 Under the Letter of Acceptance dated 12.11.2018, all three sub-
works were to be completed within six months, but the petitioner asserts that execution was impeded from the outset due to the respondent’s failure to hand over work sites and to finalize and sanction numerous variation items. For Sub-Work No.2, the petitioner was instructed telephonically on 26.11.2018 to commence work, and upon delivery of site, the petitioner started work by 11.12.2018. This work was completed in all respects and was inaugurated by the GM/SCR on 05-07-2019. Similarly, Sub-Work No.3 commenced after the site was eventually handed over by the SSE/W/MLY, and variation statements for additional items were submitted on 16.02.2019 with the petitioner’s signature for approval by the DEN/ESTATE/HYB, though these variations were never finalized. Despite completion, payments were repeatedly delayed, with CC-I dated 19-03-2019 paid only on 05.07.2019 after 97 days, CC-II dated 04.05.2019 paid on 05.07.2019 after 23 days, CC-III dated 06.07.2019 paid on 30.08.2019 after 45 days, CC-IV dated 15.10.2019 paid on 12.11.2019 after 20 days, CC-V dated 20.12.2019 paid on 19.02.2020 after 55 days, CC-VI dated 20-03-2020 paid on 07.06.2020 after 70 days, and CC-VII dated 14.09.2020 paid on 05.01.2021 after 104 days. The petitioner states that, as on the date of termination, amounts of Rs. 15,00,000/- for Sub-Work No.2 and Rs. 11,50,000/- for Sub- Work No.3, pending since July 2019 and September 2020 respectively, remained unpaid.
1.2 The gravamen of the dispute concerns Sub-Work No.1.
According to the petitioner, while the work was originally awarded in November 2018, the detailed scope—namely repairs and improvements to 54 toilets—was not disclosed either in the tender schedule or the agreement schedule. The petitioner states that this expanded scope was communicated by the respondent only vide letter dated 27.01.2020, more than one year and two months after the Letter of Acceptance, whereas the respondent alleges that the scope had already been communicated to the petitioner much earlier under a letter dated 10.05.2019. Even thereafter, the petitioner contends that the respondent failed to hand over the site for the majority of the toilets. Out of the alleged 54 toilets, work sites were provided only for four toilets—two on 14.08.2020 and two subsequently—and even in respect of these four, work was stalled due to non-finalization and non-sanction of variation items. The remaining 50 toilets were never handed over to the petitioner up to the date of termination.
1.3 Throughout this period, the petit
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.