Telangana High Court
T. Venkateshwarlu vs Telangana State Road Transport ... on 10 June, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.A.No.333 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order
dated 28.04.2022, passed by the learned Single Judge, in I.A.No.2
of 2022 in W.P.No.9797 of 2022.
The facts of the case reveal that an Agreement was executed
between the appellant/writ petitioner and the respondents
on 10.11.2016 for construction of toilets.
The contention of the appellant is that on account of the fact
that a tree was in existence at the place where the toilets were to be
constructed and NOCs were not issued by the authorities in time,
he could not complete the work. A show cause notice was issued
to the appellant on 04.09.2021 and thereafter, the Agreement was
terminated on 28.12.2021.
The authorities have issued a fresh Notice Inviting Tender
(NIT), which gave a cause of action to the present appellant to file
the writ petition.
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The learned Single Judge has issued notices in the matter and
has also observed that confirmation of the tender issued by the
respondents therein shall be subject to the result of the writ
petition.
This Court has passed an order of status quo on 05.05.2022.
Meaning thereby, the entire process of running and operating the
toilets has come to an end.
It has also been pointed out by learned Standing Counsel for
the respondents- Telangana State Road Transport Corporation that
as per the terms and conditions of the Agreement
dated 10.11.2016, executed between the parties, there is a Dispute
Resolution Mechanism provided under Article 24 thereof.
Article 24 of the Agreement dated 10.11.2016, reads as
under:
"Dispute Resolution:
24.1 All matters, question, disputes, differences
and/or claims arising out of and/or concerning
and/or in connection and/or in consequences or
relating to this Agreement whether or not obligations
of either of both parties under this Agreement be
subsisting at the time of such dispute and whether or
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not this Agreement has been terminated or purported
to be terminated or completed, shall be referred to
Civil Suit. The Award of the Court shall be final and
binding on the parties to this Agreement."
In the light of the aforesaid Dispute Resolution Mechanism,
this Court is of the opinion that the order of status quo passed by
this Court on 05.05.2022 deserves to be vacated and the same is,
accordingly, vacated. The learned Single Judge shall be free to
proceed ahead in accordance with law. The learned Single Judge
shall make all possible endeavour to decide the writ petition at an
early date.
With the aforesaid, the writ appeal stands dismissed. No
costs.
As a sequel, miscellaneous petitions, pending if any, stand
dismissed.
______________________________
SATISH CHANDRA SHARMA, CJ
______________________________
ABHINAND KUMAR SHAVILI, J
Date: 10-06-2022
LUR
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