M.S.R. Enterprises vs. The State Of Telangana

Held

The Court noted the submission made by the learned counsel for the petitioner that the cause in the writ petition no longer survives for adjudication and has become infructuous. Consequently, the writ petition was dismissed as infructuous. No specific findings were made on the legality of the memo or the entitlement to an extension of time, as the matter was disposed of on the ground of being infructuous. The Court also stated that there shall be no order as to costs, and pending miscellaneous applications, if any, would stand closed.

Facts

The petitioner, N.S.R. Enterprises, entered into an agreement dated July 10, 2017, with the respondents for execution of works under the DDUGJY Scheme. Subsequently, on August 27, 2018, the Chief General Manager Projects of TSSPDCL issued a memo authorizing the engagement of agencies to execute parts of the work worth up to Rs. 5 Lakhs under limited competitive bidding. The petitioner challenged this memo, arguing it illegally carved out portions of the work already allotted to them. The petitioner also sought an extension of time for two divisions until December 2018, citing delays in revising material values to post-GST rates.

Key Issues

1. Whether the Memo No.CGM(P)/SE(P)/DE(RE)/F.DDUGJY DELEGATION/D.No.12471/2018, dated 27.8.2018, issued by the 3rd respondent, authorizing the engagement of agencies for works up to Rs. 5 Lakhs under limited competitive bidding, is illegal and arbitrary, thereby setting aside the said letter? - Petitioner's contention: The memo is illegal and arbitrary as it carves out portions of work already entrusted to the petitioner under an agreement dated 10.7.2017. - Revenue/State's contention: Not recorded in the judgment. 2. Whether the petitioner is entitled to an extension of time for the execution of works in two divisions until December 2018, or any other extended period, due to delays in revising material values to post-GST rates?