IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos:21120, 21121 and 21122 of 2008 WRIT PETITION NO:21120 of 2008 Between: 1 NCC-Maytas (JV), Nagarjuna Hills, Hyderabad 500 082, Rep. by Company Secretary & Vice President (Legal) Nagarjuna Construction Company Ltd., Mr.M.V. Srinivasa Murthy S/o.M.V.S. Subrahmanyam, aged 50 years, R/o. Hyderabad. 2 HCC-NCC (JV) Nagarjuna Hills, Hyderabad 500 082, Rep. by Company Secretary & Vice President (Legal) Nagarjuna Construction Company Ltd., Mr.M.V. Srinivasa Murthy S/o.M.V.S. Subrahmanyam, aged 50 years, R/o. Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Transport, Roads & Buildings Department, Secretariat Buildings, Hyderabad. 2 Government of Andhra Pradesh, rep. by its Principal Secretary, Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad. 3 The Executive Engineer, GNSS Division, Kadapa. 4 The Executive Engineer, TGP Division No. 1, Kadapa. 5 The Executive Engineer, GRP Division No. 2, Ongole. 6 The Executive Engineer, I & CAD Department, TBP Division No. 2, Ongole. 7 The Executive Engineer, ISLMC Division, Prathipadu - 533 432 8 The Executive Engineer, I & CAD Department, FFC Division No. 3, LMD Colony, Karimnagar. 9 The Executive Engineer, SRC Division No. 1 (CADA), Nandyal - 518 501. 10 The Executive Engineer, SRC Division No. 1 Banaganapalli - 518 124, Kurnool District 11 The Executive Engineer, I & CAD, GNSS Division, Renigunta, Chittoor District. 12 The Executive Engineer, I & CAD, GNSS Circle, TGP Colony, Mamillapalli, Kadapa. 13 Superintending Engineer, TGP Colony, Mamillapalli, Kadapa. 14 Superintending Engineer, Construction Circle, Prakasam, Ongole. 15 Superintending Engineer, TTPR Circle, VUDA Complex, Vzianagarm. 16 Superintending Engineer, ISLMC Circle, Tuni. 17 Superintending Engineer, FFC Circle-1, Dharoor Camp, Jagitiyal. 18 Superintending Engineer, SRBC Circle No. 1, Nandyal. 19 Superintending Engineer, SRBC Circle No. 2, Nandyal, Kurnool District. 20 Superintending Engineer, GNSS Circle, Srikalahasti, Chittoor District. 21 Superintending Engineer, I & CAD Department, J. Chokka Rao, G.L.I Project Circle, K.C. Colony, Chinthagattu, Warangal - 15 22 Asst Pay & Accounts Officer, Works & Projects, Kadapa. 23 Pay & Accounts Officer, Works & Projects, Ongole. 24 Pay & Accounts Officer, Vamsadhara Projects, Srikakulam. 25 Pay & Accounts Officer, SRSP, LMD Colony, Srikakulam. 26 Asst Pay & Accounts Officer, Irrigation Wing, Kakinada. 27 Asst Pay & Accounts Officer, SRBC Scheme, Nandyal. 28 Pay & Accounts Officer, Works & Projects, Tirupathi. 29 The National Academy of Construction, Hyderabad rep. by Director General, Poineer House, 6-3-653, Somajiguda, Hyderabad. .....RESPONDENTS Counsel for the Petitioners:MR.S.NIRANJAN REDDY Counsel for Respondent No.1:AGP FOR ROADS AND BUILDINGS WRIT PETITION NO:21121 of 2008 Between: 1 NCC-SMC(JV), Nagarjuna Hills, Hyderabad-500082 rep.by comapny secretary &Vice President (Legal) Nagarjuna Construction COmpany Ltd., Mr.M.V.Srinivasa Murthy,S/o.M.V.S.Subrahmanyam, aged 50 years,R/o.Hyderabad 2 NCC-SMC-IVRCL (JV)), Nagarjuna Hills, Hyderabad- 500082 rep.by comapny secretary &Vice President (Legal) Nagarjuna Construction COmpany Ltd., Mr.M.V.Srinivasa Murthy,S/o.M.V.S.Subrahmanyam, aged 50 years, R/o.Hyderabad 3 NCC-SMC-IHP (JV)), Nagarjuna Hills, Hyderabad-500082 rep.by comapny secretary &Vice President (Legal) Nagarjuna Construction COmpany Ltd., Mr.M.V.Srinivasa Murthy,S/o.M.V.S.Subrahmanyam, aged 50 years, R/o.Hyderabad ..... PETITIONERS AND 1 Government of Andhra Pradesh, rep.by its Principal Secretary, Transport Roads & Buildings Department secretariat Buildings,Hyderabad 2 Government of Andhra Pradesh, rep.byits Principal Secretary,Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad 3 Government of Andhra Pradesh, rep.by its Principal Secretary,Municipal Administration & Urban Department secretariat Buildings,Hyderabad 4 The Superintendent Engineer, Public Health Circle Warangal 5 The Superintendent Engineer,Greater Visakhapatnam Municipal Corporation, Visakhapatnam 6 The Director (Finance), HMWSSB,Mitri Vihar, Ameerpet,Hyderabad 7 The National Academy of Construction,Hyderabad rep.by Director General, Pioneer House,6-3-653, Somajiguda,Hyderabad .....RESPONDENTS Counsel for the Petitioners:MR.S.NIRANJAN REDDY Counsel for Respondent No.1:AGP FOR ROADS & BUILDINGS WRIT PETITION NO:21122 of 2008 Between: Nagarjuna Construction Companyh Ltd., Nagarjuna Hills, Hyderabad 500 082, Rep. by Company Secretary & Vice President (Legal) Nagarjuna Construction Company Ltd., Mr.M.V. Srinivasa Murthy S/o.M.V.S. Subrahmanyam, aged 50 years, R/o. Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Transport, Roads & Buildings Department, Secretariat Buildings, Hyderabad. 2 Government of Andhra Pradesh, rep. by its Principal Secretary, Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad. 3 Government of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration & Urban Department, Secretariat Buildings, Hyderabad. 4 Superintendent Engineer, Public Health Circle, Warangal. 5 The Chief Engineer, AP State Police Housing Corporation Ltd., Saifabad, Hyderabad. 6 District Collector & Chairman (District Sports Authority) RR District, Saroornagar, LB Nagar, Hyderabad. 7 The Executive Engineer, Godavari Head Works Dvn. Dowlaiswaram. 8 The Executive Engineer, Central Building Division, Roads & Buildings, Mahaveer Marg, Hyderabad. 9 The Director (Finance) National Academy of Construction Lazzath Nagar, Near Hitech City, Madhapur, Hyderabad. 10 Accounts Officer, Zonal Office, APIIC Ltd., Jubilee Hills, Hyderabad. 11 Accounts Officer, Shilparamam, Madhapur, Near Hitech City, Hyderabad. 12 Finance Officer, Centre for Economic & Social Studies Nizamaiah Observatory Campus, Begumpet, Hyderabad. 13 Finance Advisor, Sports Authority of A.P. Lal Bahadur Stadium, Basheerbagh, Hyderabad. 14 Chief Accounts Officer, Hyderabad Metropolitan Development Authority, O/o. the Superintending Engineer, Block "A" HMDA, District Commercial Complex, Tarnaka, Hyderabad. 15 The Commissioner, Uppal Kalan Municipality, Uppal, Hyderabad. 16 The Executive Engineer, GRP Division No.2, Yemmiganur, Kurnool District. 17 The Executive Engineer, I&CAD Dept. ISRMC Division, Kovvur, W.G. District. 18 The Executive Engineer, Public Health Division, Nalgonda. 19 The Executive Engineer, I&CAD Dept. ISRMC Division-I, Rajahmundry @ Dowleswara,E G District. 20 Executive Engineer, RWS Division, Nizamabad. 21 Executive Engineer, RWS Division, Rajahmundry. 22 Executive Engineer, Public Health Division, Narasaraopet, Guntur District. 23 Executive Engineer, Public Health Division, Anantapur. 24 Superintending Engineer, JC GLIS Phase-II, KC Colony, Chintagattu, Warangal. 25 Superintending Engineer, Public Health Circle, Warangal. 26 Director, (Finance), HMWSSB, Mitri Vihar, Ameerpet, Hyderabad. 27 The Zonal Manager, APIIC Ltd. Special Projects Zone, Industrial Estates, Kancharapalem, Visakhapatnam. 28 Commissioner, Greater Visakha Municipal Corporation Tenneti Bhavan, Asilametta, Visakhapatnam. 29 The National Academy of Construction, Hyderabad rep. by Director General, Poineer House, 6-3-653, Somajiguda, Hyderabad. .....RESPONDENTS Counsel for the Petitioner:MR.S.NIRANJAN REDDY Counsel for Respondent No.1:AGP FOR ROADS & BUILDINGS The Court made the following : COMMON ORDER: These writ petitions are ﬁled for a writ of mandamus to declare the action of the respondents in withholding 0.25% of the gross bill amounts payable to the petitioners by referring to G.O.Ms.No.39, MA&UD Department, dated 03.02.1999, G.O.Ms.No.98, I & CAD, dated 05.07.2000, G.O.Ms.No.61, TR&B Department, dated 11.04.2000 and G.O.Ms.No.159, TR&B Department, dated 30.10.2004 as illegal, arbitrary and unconstitutional. At the hearing, Sri S.Niranjan Reddy, learned counsel for the petitioners submitted and it is conceded by the learned Assistant Government Pleader for Roads and Buildings that the issue raised in these writ petitions, namely, validity of the proposed deduction for the purpose of the National Academy of Construction, is no longer res integra in view of a spate of orders passed by this Court in a number of writ petitions, some of which are order, dated 19.07.2005 in Writ Petition No.23750 of 2000 and batch and order, dated 18.03.2008 in Writ Petition No.1631 of 2008. Therefore, following the settled legal position, these writ petitions are also allowed and the respondents are directed to refund the amount to the petitioners already deducted and not to recover any amount towards the National Academy of Construction and towards the CM’s Relief Fund in pursuance of the impugned G.Os from the future bills payable to the petitioners. C.V.NAGARJUNA REDDY, J 26th SEPTEMBER, 2008. kvni