IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22872 of 2001 Between: Sri Lakshmi Tirupatamma VTPS, Rep. by its President, B.Nagaiah, S/o.B.Venkataiah, Vaddera Labour Contract Coop. Society Ltd., No.G.3011, R/o. Jyothi Mahal Ibrahimpatnam, Krishna District. ..... PETITIONER AND 1 The Chief Engineer (Electricity), O&M/VTPS, Ibrahimpatnam, Krishna District. 2 The Superintending Engineer (Civil, O&M), VTPS, Ibrahimpatnam, Krishna District. 3 The Executive Engineer (Civil), C&M Division/O&M Stage I, VTPS, Ibrahimpatnam, Krishna District. .....RESPONDENT(S) 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not allotting the works to the petitioner society on nomination basis as per G.O.Ms.No. 52 dt 18.3.2000 as illegal, arbitrary, unconstitutional and violative of Arts. 14 and 19(1)(g) of Constitution of India and consequently direct the respondents to allot works to the petitioner society on nomination basis as per G.O.Ms.No. 52 dt. 18.3.2000. Counsel for the Petitioner : M/S INDUS LAW FIRM Counsel for the Respondents : O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22872 OF 2001 ORDER : The petitioner is a society registered under the A.P. Co-operative Societies Act, 1964 which is formed with the main object to execute contract works entrusted to the society. This writ petition is filed seeking a declaration that the alleged action of the AP GENCO in not allotting the works to the petitioner society on nomination basis as per G.O.Ms.No.52, dated 18.03.2000 as arbitrary and illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of India. As per G.O.Ms.No.52, dated 18.03.2000 certain concessions were extended to SC/ST and Vaddera Labour Contract Co-operative Societies from payment of Earnest Money Deposit (EMD) to the works costing upto Rs.20 lakhs. It is alleged by the petitioner that the works shall also be awarded on nomination basis to the societies. It is alleged by the petitioner society that the AP GENCO failed to implement the said G.O.Ms.No.52 dated 18.03.2000 and has been contemplating to notify the various works in violation of G.O.Ms.No.52, dated 18.03.2000. A counter-affidavit has been filed on behalf of AP GENCO denying the allegation made by the petitioner society that G.O.Ms.No.52, dated 18.03.2000 for allotting the works on nomination basis is not being followed. It is further explained in the counter-affidavit as under : “It is humbly submitted that in reply to the allegations made in paras 6 and 7 of the affidavit, while denying the same, it is respectfully submitted that six works of VTPS were awarded on nomination to M/s. Srilakshmi Tirupathamma VTPS Vaddera Labour Contract Co- operative Society during the year 2000-2001 worth Rs.1,12,700/-. Likewise some more works are allotted on nomination basis for a total value of Rs.6,00,599/- and for the year 2002-2003 works worth Rs.6,18,538/- w ere allotted on nomination basis. Therefore these respondents never violated the reservation of civil work to the petitioner society at any point of time and hence the allegations in this regard are denied as untrue.” Having heard the learned counsel for both the parties and having regard to the stand taken by the AP GENCO in its counter-affidavit that they are following G.O.Ms.No.52, dated 18.03.2000 and the works are being allotted on nomination basis, which plea stood unrebutted in the absence of any affidavit-in-reply, no further enquiry is necessary in the writ petition. Accordingly, recording the statement of the respondents, the Writ Petition is disposed of. No costs. ______________ G. ROHINI, J. Dt. 19.01.2009 gbs