IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12130 of 2009 Between: 1 M/s.Sabir Dam & Water Works Construction Company having its registered office at 610-B, Neelagiri Block, Aditya Enclave, Ameerpet, Hyderabad, rep.by its Authorised signatory Mr.Amarnath Reddy 2 Mr.Amarnath Reddy S/o.Subba Reddy R/o.610-B, Neelagiri Block, Aditya Enclave Ameerpet, 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 The Superintending Engineer, S.S.L.C. S.B.Circle Dargamitta,Nellore 4 Executive Engineer, S.S.L.C.& S.B.Circle Division,2 Nellore 5 Pay & Accounts officer, Telugu Ganga Project Dargamitta, Nellore .....RESPONDENTS Counsel for the Petitioners: MR.PATLOLLA VENKAT REDDY Counsel for Respondent No.1: GP FOR TRANSPORT Counsel for Respondent No.2: GP FOR IRRIGATION & COMM AREA DEV. Counsel for Respondent Nos.3 and 4: Counsel for Respondent No.5: GP FOR FINANCE AND PLANNING This Court made the following: ORDER: This Writ Petition is filed for a writ of Mandamus to set aside G.O.Ms.No.98 (I & CAD) Department, dated 05.07.2000. Petitioner No.1-Company represented by Petitioner No.2, is a civil contractor, executing certain construction works of Somasila Swarnamukhi Link Canal under agreement No.7-SE/2006-07. The petitioners averred that in view of the impugned G.O., wherein respondent No.1 directed respondent No.2 to issue instructions to all the concerned to deduct 0.25% of the gross amount of the bills payable to the contractors and remit the same to the Director General of National Academy of Construction of India, A.P. chapter towards corpus fund for development and functioning of the said agency, the respondents have been recovering the amounts from the bills payable to them. At the hearing, Sri P.Venkat Reddy, learned Counsel for the petitioners, relied on a judgment of this Court in WP.No.23750 of 2000 and batch dated 19.07.2005, wherein this Court quashed G.O.Ms.No.92 dated 19.05.1998, which pertains to Transport, Roads and Buildings (B.I) Department. Since the impugned G.O. is in pari materia with the said G.O. and applies to Irrigation Department, the principle laid down in the abovementioned judgment squarely applies to this case. Learned Assistant Government Pleader for Irrigation has not disputed this position. The Writ Petition is, therefore, allowed in terms of the above-mentioned judgment. The respondents are directed to refund the amount to the petitioners, if any, already recovered from their bills. __________________________ C.V.NAGARJUNA REDDY, J Date: 22.06.2009 lur