IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 13124 of 2005 Between: Contractors' Association Municipal Corproation of Hyderabad a registered Association bearing Registration NO. 272, registered under the Sociaties Registration Act, rep by President Munawer Hussain S/o Ahmed Hussain contractor R/o Hyderabad ..... PETITIONER AND 1 Government of Andhra PRadesh, rep by Principal Secretary, Muncipal Administration and URban Development Authoerity, Secretariat, Hyderabad 2 Municipal Corporation of Hyderabd, rep by Commissioner, C.C. Complex, Tank Bund Road, Hyderabad .....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 any appropriate Writ, order or direction preferably a Writ in the nature of Writ of Mandmaus, declaring the action of the respondnets in awarding contracts on unit rate system as envisaged under G.O.Ms. No. 576 M.A. dt 30-11-2001 as being illegal, arbitrary, violative of Article 14 of the constitution of India and Contrary to the Municipal Corporation of Hyderabad Tender Rules, 1970 and consequently direct the respondents to stop awarding of contracts on unit rate system by drawal of lots by following the procedure under Municipal Corporation of Hyderbad Tender Rules, 1970 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioner:MR.P.VENUGOPAL Counsel for the Respondents: Mr.R.Ramachandra Reddy, SC for MCH The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in awarding contracts on unit rate system as envisaged under G.O.Ms.No.576 M.A. dated 30.11.2001, as illegal and arbitrary and also contrary to the Municipal Corporation of Hyderabad Tender Rules, 1970 and consequently to direct the respondents to stop awarding of contracts on unit rate system by drawal of lots by following the procedure under Municipal Corporation of Hyderabad Tender Rules, 1970. It is stated that after filing the counter in September, 2005, the Municipal Corporation of Hyderabd is not at all following the said G.O.Ms.No.576 M.A. dated 30.11.2001 and they are awarding the contracts by calling for the tenders only. It is stated that Municipal Corporation of Hyderabad Tender Rules, 1970 are only being followed. Recording the aforesaid statement, the writ petition is disposed of directing the respondents not to award the contracts on unit rate system as envisaged in G.O.Ms.No.576 M.A. dated 30.11.2001. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:17.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}