IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No: 21677 of 2008 Between: M/s. Sabir Dam & Water Works Construction Company Rep. by its Power of Attorney Holder K. Narendra Reddy Flat No.610-B, Neelagiri Block, Aditya Enclave, Ameerpet, Hyderabad. ..... PETITIONER AND 1 Govt. of Andhra Pradesh Rep. by its Principal Secretary Secretariat Building, Hyderabad. 2 The Superintendent Engineer Construction Circle Dowlaiswaram, E.G. Dist. 3 Pay & Accounts Officer Construction Circle Dowlaiswaram, E.G. Dist. 4 National Academy of Construction Rep. by its Director General Pioneer House, 6-3-653, Somajiguda, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate writ or order or direction declaring the G.O.Ms.No.98, (I&CAD) Dept., dt.05-07-2000 as illegal, arbitrary, unjust and void and contrary to the terms and conditions of the agreement 79/2004-2005 dt.23-3-2005 and consequently, set aside the GO. Counsel for the Petitioner: MR.P.VENGALA REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 21677 of 2008 O R D E R : This writ petition is filed seeking a declaration that G.O.Ms.No.98 (I&CAD) Department, dated 05-07-2000 under which recovery of 0.25% from the bills of the contractors towards the corpus for development and functioning of National Academy of Construction is ordered is arbitrary and illegal. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that an identical Government order in G.O.Ms.No.92 dated 19-05-1998 relating to the Transport, Roads and Buildings Department was considered by this Court in W.P.No.23750 of 2000 and batch and by order dated 19-07- 2005, the said writ petitions were allowed quashing G.O.Ms.No.92 dated 19-05-1998. The petitioner herein is also similarly situated and the impugned G.O. is in pari materia with G.O.Ms.No.92 dated 19-05-1998 has not been disputed by the learned Government Pleader appearing for the respondents. In the circumstances, following the judgment in W.P.No.23750 of 2000 and batch, dated 19-07-2005, the writ petition is allowed with a direction to the respondents to refund the amounts that are already recovered from his bills. No costs. ______________ G. ROHINI, J Date: 26-11-2008 KLP