Telangana High Court
WP/28279/2008 of M/s. Sabir SEW AND Prasad (JV), C/o. SEW Constructions Vs The State of Andhra Pradesh, rep. by the on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 28279 of 2008 Between: M/s. Sabir SEW & Prasad (JV), C/o. SEW Constructions Limited,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENTTHE HON'BLE MR JUSTICE C.V.RAMULUWRIT PETITION NO : 28279 of 2008
Between:
M/s. Sabir SEW & Prasad (JV), C/o. SEW Constructions Limited,rep. by its Authorised Signatory Mr.Balgopal S/o.late Sri Hanumaiah R/o. Plot No.327, Road No. 79, Phase-3,Hyderabad.
..... PETITIONER
AND
1 The State of Andhra Pradesh, rep. by the Principal Secretary toGovernment, Irrigation & CADGovernment, Irrigation & CAD
Department, Secretariat Buildings of A.P., Hyderabad.
2 The Secretary to Government, Finance & Planning (Works &Projects), Department,Projects), Department, Secretariat Buildings of A.P., Hyderabad.
3 The Superintendent Engineer, Veligonda Project Circle, Ongole,Prakasam District.Prakasam District.
4 The Executive Engineer, V.G.P. Division, Dornal, Prakasam District.
5 The National Academy of Constructions, Hyderabad, represented byDirector General, Pioneer HouseDirector General, Pioneer House 6-3-653, Somajiguda, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an appropriate writ, order or a direction moreparticularly one in the nature of writ of mandamus; (i) declaringG.O.Ms.No.98 (I&CAD) Department, dated 5.7.2000 as illegal, arbitraryand contrary to the terms and conditions of the agreement entered intoby the petitioner for executing the work relating to Construction of aTunnel including Construction of Head Regulator, and approachChannel of Veligonda Project in Prakasam District including all alliedworks, vide Agreement No.3VGP/2005-06, dated 20-08-2005 and setaside the same. (ii). To declare that the action of the respondents 3 to 5effecting recovery of 0.25% towards NAC as illegal and arbitrary andconsequently direct the respondents not to effect recovery from therunning bills and to refund the amounts so far recovered from thepetitioner's bill in pursuance of G.O.Ms.No.98 (I&CAD) Department,dated 5.7.2000 and pass such other or further orders.
Counsel for the Petitioner:MR.P.PRATAP REDDY
Counsel for the Respondent No.: GP FOR IRRIGATION & COMMAREA DEV.
The Court made the following :THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.28279 of 2008
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER:
The learned counsel appearing on either side fairly concededthat the issue that arises for consideration in this writ petition is squarelycovered by the judgment rendered by this Court in W.P.No.23750 of2000 and batch dated 19.7.2005 and this writ petition is also liable to bedisposed of in terms thereof.
Therefore, following the above said judgment, this writ petition isallowed in terms thereof. The respondents are directed to refund theamounts to the petitioner, if any, already recovered from its bills. Thereshall be no order as to costs.
Date: 26.12.2008DA
_____________
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.28279 of 2008
26.12.2008