STATE OF ANDHRA PRADESH Vs. RAGHUNADHA RAO
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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MN.Rao, J. -
(1.)Against the judgment of a learned single Judge K. Ramaswamy, J. (as he then
was) allowing Writ Petition No.9797/83 (V. Raghunadha Rao vs. State of A.P &
ors), declaring certain Preliminary Specifications of the Andhra Pradesh Detailed
Standard Specifications as unconstitutional this appeal was preferred by the
State of Andhra Pradesh.
(2.)The sole respondent herein is a registered Class-I Contractor, formerly
designated as A-Class Contractor. For all Government works of the value of
more than Rupees Fifteen Lakhs only Class-I Contractors are eligible to submit
tenders. Amongother conditions for registrationasClass-IContractor solvency
to the extent of Rupees Two Lakhs is a necessary pre-condition. In respect of the
construction work "Ogee Spillway from Chain 91.45 to Chain 110 of Taliperu
ProjectatPedamidisileru village, Khammam District" a notification was issued
by the Government of Andhra Pradesh on 29-9-1977 inviting tenders. The
tender schedules were issued on 2-11-1977 and 3-11-1977. The last date for
receiptof the tenders was 8-11-1977. Detailed description of the work contained
as many as 70 items. The sole respondent herein submitted his tender on
8-11-1977 stipulating certain conditions stated in the covering letter accompany
his tender. He was called for negotiations and an agreement was concluded on
23-12-1977 Lumpsum Agreement No.28/77-78 for Rs.80,20,884-05. The site
was handed over to the respondent on 19-1-1978 and the work was required to
be completed within 18 months from the date of handing over of the site i.e.,
(3.)The Andhra pradesh Detailed Standard Specifications are in two parts.
Part-I consists of Preliminary Specifications and Part-11 Standard Specifications.
Both invariably form part of contracts entered into by the State for execution of
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