M/s. R. M. Mohite and Co - Bhoorathnom Construction Company Pvt. Ltd (JV), v. The State of Andhra Pradesh,
WP/8044/2026 · 2026-04-14
Ravi Cheemalapati
body2026
DailyLaw.ai
[ 2026 DAILYLAW 613 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 613 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010141792026
IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8044/2026 Between:
1. M/S. R. M. MOHITE AND CO COMPANY PVT. LTD (JV),, REP. BY ITS MANAGING DIRECTOR, MR. RAJINIKANT ANNA SAHEB PATIL, S/O. ANNA SAHEB S. PATIL, AGED 64 YEARS, R/O. PLOT NO.816/1/2, 'E'.WARD, BEHIND CIRCUIT HOUSE, TARABAI PARK, KOLHAPUR, MAHARASHTRA STATE
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (PW REFORMS) DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
2. THE CHIEF ENGINEER, HNSS PROJECT, HLC COMPOUND, ANANTAPUR, ANANTAPURAMU DISTRICT
3. THE SUPERINTENDENT ENGINEER, HNSS CIRCLE KURNOOL, KURNOOL DISTRICT
4. THE EXECUTIVE ENGINEER, HNSS DIVISION DISTRICT
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1St Respondent in issuing Memo bearing Memo No.17895/Reforms/A1/2012, dt.18.3.2013 for calculation of price IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8044/2026 M/S. R. M. MOHITE AND CO - BHOORATHNOM CONSTRUCTION COMPANY PVT. LTD (JV),, REP. BY ITS MANAGING DIRECTOR, MR. RAJINIKANT ANNA SAHEB PATIL, S/O. ANNA SAHEB S. PATIL, AGED 64 YEARS, R/O. PLOT NO.816/1/2, 'E'.WARD, BEHIND CIRCUIT RABAI PARK, KOLHAPUR, MAHARASHTRA STATE AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (PW REFORMS) DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR CHIEF ENGINEER, HNSS PROJECT, HLC COMPOUND, ANANTAPUR, ANANTAPURAMU DISTRICT THE SUPERINTENDENT ENGINEER, HNSS CIRCLE KURNOOL, KURNOOL DISTRICT THE EXECUTIVE ENGINEER, HNSS DIVISION-3, KURNOOL, KURNOOL ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of laring the action of the 1St Respondent in issuing Memo bearing Memo No.17895/Reforms/A1/2012, dt.18.3.2013 for calculation of price IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE FIFTEENTH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI BHOORATHNOM CONSTRUCTION COMPANY PVT. LTD (JV),, REP. BY ITS MANAGING DIRECTOR, MR.
RAJINIKANT ANNA SAHEB PATIL, S/O. ANNA SAHEB S. PATIL, AGED 64 YEARS, R/O. PLOT NO.816/1/2, 'E'.WARD, BEHIND CIRCUIT RABAI PARK, KOLHAPUR, MAHARASHTRA STATE -416003 ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (PW REFORMS) DEPARTMENT, A.P SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR CHIEF ENGINEER, HNSS PROJECT, HLC COMPOUND, THE SUPERINTENDENT ENGINEER, HNSS CIRCLE-1, B-CAMP, 3, KURNOOL, KURNOOL ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of laring the action of the 1St Respondent in issuing Memo bearing Memo No.17895/Reforms/A1/2012, dt.18.3.2013 for calculation of price
2
adjustment in respect of the formula will be calculated co-efficient with 0.85 instead of '1' and consequential Letter in SE/HNSS- 1/KNL/TS/DEEE4/AEE3/PKG29 (Court Cases)/No.120M, dt.13.3.2026 as illegal, arbitrary, violative of Article 19(1)(g) of the constitution of India, contrary to G.O.Ms.No.252 Transport, Roads and Buildings (R1) Department dt.28-08-2008 and also contrary to the order dt.17-10-2022 passed in W.P.No.7950/2018, W.P.No.18060/2013 and W.P.No.32893/2014 and consequently set-aside the Memo of the 1St Respondent in Memo No.17895/Reforms/A1/2012, dt.18.3.2013 and consequential Letter in SE/HNSS-1/KNL/TS/DEEE4/AEE3/PKG29 (Court Cases)/No.120M, dt.13.3.2026 and direct the Respondents to reconsider the Petitioner request strictly in accordance with G.O.Ms.No.252 Transport, Roads and Buildings (R1) Department dt.28-8-2008 IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to calculate the price adjustment of fuel, coefficient with '1' instead of 0.85 as per the guidelines issued in G.O.Ms.No.252, dt.28-08-2008 with respect of the work covered by the Agreement No.SEH12EPC/2004-05, dt.10-3- 2005 and Supplemental Agreement No.1/2012-13, dt.8.2.2013 for package No.29 by suspending the letter of the 3rd Respondent in Letter No. SE/H NSS-1 /KN L/TS/DEE4/AEE3/ PKG29 (Court Cases)/No.120M, dt.13.3.2026 pending disposal of the above Writ Petition Counsel for the Petitioner:
1. G RAMESH BABU Counsel for the Respondent(S):
1. GP FOR IRRI AND CAD
3
The Court made the following order:
Aggrieved by the action of respondent No.1 in issuing Memo No.17895/Reforms/A1/2012 dated 18.03.2013 and consequential Letter in Lr.No.SE/HNSS-1/KNL/TS/DEE4/AEE3/Pkg 29 (Court Cases)/No.120M, dt.13.3.2026 contrary to G.O.Ms.No.252 Transport, Roads and Buildings (R1) Department), dated 28.08.2008, the present Writ Petition is filed. 2.
Learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered by the order passed by a Coordinate Bench of this Court dated 14.10.2022 in Writ Petition No.32893 of 2014 and prayed to pass similar order in this Writ Petition also.
3. Learned Assistant Government Pleader for Irrigation Department reported no objection and submitted that the present case is squarely covered by the order passed in Writ Petition No.32893 of 2014.
4. Taking the above submissions of learned counsel for the parties into
consideration and for the reasons recorded in Writ Petition No.32893 of 2014, this Writ Petition is allowed in terms of the order dated 14.10.2022 passed in Writ Petition No.32893 of 2014. There shall be no order as to costs.
5. Registry is directed to attach a copy of the order dated 14.10.2022 in Writ Petition No.32893 of 2014 to this order. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 15.04.2026 C.C by 17.04.2026 MP
4
110 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.8044 of 2026 Dated: 15.04.2026
MP