Telangana High Court
WP/27244/2008 of M/s. V. Prabhakar Reddy - Coramandal Prestcrete Private Vs State of Andhra Pradesh, on 30 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 27244 of 2008 Between: M/s. V. Prabhakar Reddy - Coramandal Prestcrete Private Limited
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MR JUSTICE C.V.RAMULUWRIT PETITION NO : 27244 of 2008
Between:
M/s. V. Prabhakar Reddy - Coramandal Prestcrete Private Limited (JV),Rep. by Its G.P.A. Holder Gannamaneni Corayya, S/o. Sri Ramachandra Rao, N. Srinivas, S/o. Sri Venkataratnam,Regd. Office at Flat No. 503, Peary House apartments, Door No. 6-3-252/2/2, Erramanzil,Hyderabad.
..... PETITIONER
AND
1 State of Andhra Pradesh, Rep. by its Principal Secretary toGovernment,Government, Irrigation & CAD Department, Secretariat Buildings of AndhraPradesh, Hyderabad.
2 The Secretary to the Government, Finance & Planning (Works &Projects) Departments,Projects) Departments, Secretariat Buildings of Andhra Pradesh, Hyderabad.
3 The Superintending Engineer, BLIP Circle, Pebbair, MahabubnagarDistrict.
4 The Executive Engineer, BLIP, Pebbair, Mahabubnagar District.
5 The National Academy of Constructions Hyderabad, Rep. by DirectorGeneral Pioneer House, 6-3-653, Somajiguda, Hyderabad.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate Writ, order or a direction more particularlyone in the nature of Writ of Mandamus: (i) declaring G.O.Ms.No. 98(I&CAD) Department dated 05-07-2000 as illegal, arbitrary and contrary tothe terms and conditions of the agreement entered into by the petitionerfor executing the work relating to Investigation Design Estimation andExecution of High Level of Left Main Canal Distributory System toincluding Construction of CM & CD works to feed an Ayacut of 29900acres in Sangambanda Village, Makthal Mandal, Mahabubnagar District"
vide Agreement No. 31/BLIP/2004-05, dated 24-02-2005 and set asidethe same. (ii) to declare that the action of the respondents 3 and 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 bills in pursuance of G.O.ms.No. 98 (I&CAD) Department,dated 05-07-2000 and pass Counsel for the Petitioner:MR.P.PRATAP REDDY
Counsel for the Respondent No.: GP FOR IRRIGATION & COMMAREA DEV.
The Court made the following :
THE HONOURABLE SRI JUSTICE C.V.RAMULUWRIT PETITION No.27244 of 2008
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ORDER:
This writ petition is filed seeking a writ of Mandamus to set asideG.O.Ms.No.98 (I & CAD) Department, dated 05.07.2000.
According to the petitioner, it is a registered Special ClassContractor with the Government of A.P. and executing works relating toInvestigation, Design, Estimation and Execution of High Level Left MainCanal Distributory System including construction of CM & CD works tofeed an Ayacut of 29900 acres in Sangambanda Village, Makthal Mandal,Mahabubnagar District, under agreement No.31/BLIP/2004-05 dated25.02.2005. The petitioner averred that in view of the impugned G.O.,wherein respondent No.1 directed Engineer-in-Chief, Irrigation & CADDepartment, Hyderabad, to issue instructions to all the concerned todeduct 0.25% of the gross amount of the bills payable to the contractorsand remit the same to the Director General of National Academy ofConstruction of India, A.P. chapter, towards corpus fund for developmentand functioning of the said agency, the respondents have beenrecovering the amounts from the bills payable to it.
Learned counsel for the petitioner relied on the judgment of thisCourt in WP.No.23750 of 2000 and batch dated 19.07.2005, wherein thisCourt quashed G.O.Ms.No.92 Transport, Roads and Buildings (B.I)Department dated 19.05.1998.
Arguments
Since the impugned G.O. is in pari materia with the said G.O. andapplies to Irrigation Department, the principle laid down in the abovementioned judgment squarely applies to the facts of this case.
As the issue raised in this writ petition, is squarely covered, by theabove mentioned judgment, this writ petition is accordingly allowed interms thereof. The respondents are directed to refund the amounts to thepetitioner, if any, already recovered from its bills.
_________________
JUSTICE C.V.RAMULU
30[TH] December, 2008
PNV