IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 28279 of 2008 Between: M/s. Sabir SEW & Prasad (JV), C/o. SEW Constructions Limited, rep. by its Authorised Signatory Mr.Balgopal S/o.late Sri Hanumaiah R/o. Plot No.327, Road No. 79, Phase-3, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by the Principal Secretary to Government, Irrigation & CAD Department, Secretariat Buildings of A.P., Hyderabad. 2 The Secretary to Government, Finance & Planning (Works & Projects), Department, Secretariat Buildings of A.P., Hyderabad. 3 The Superintendent Engineer, Veligonda Project Circle, Ongole, Prakasam District. 4 The Executive Engineer, V.G.P. Division, Dornal, Prakasam District. 5 The National Academy of Constructions, Hyderabad, represented by 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 to issue an appropriate writ, order or a direction more particularly one in the nature of writ of mandamus; (i) declaring G.O.Ms.No.98 (I&CAD) Department, dated 5.7.2000 as illegal, arbitrary and contrary to the terms and conditions of the agreement entered into by the petitioner for executing the work relating to Construction of a Tunnel including Construction of Head Regulator, and approach Channel of Veligonda Project in Prakasam District including all allied works, vide Agreement No.3VGP/2005-06, dated 20-08-2005 and set aside the same. (ii). To declare that the action of the respondents 3 to 5 effecting recovery of 0.25% towards NAC as illegal and arbitrary and consequently direct the respondents not to effect recovery from the running bills and to refund the amounts so far recovered from the petitioner's bill in pursuance of G.O.Ms.No.98 (I&CAD) Department, dated 5.7.2000 and pass such other or further orders. Counsel for the Petitioner:MR.P.PRATAP REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.28279 of 2008 ORAL ORDER: The learned counsel appearing on either side fairly conceded that the issue that arises for consideration in this writ petition is squarely covered by the judgment rendered by this Court in W.P.No.23750 of 2000 and batch dated 19.7.2005 and this writ petition is also liable to be disposed of in terms thereof. Therefore, following the above said judgment, this writ petition is allowed in terms thereof. The respondents are directed to refund the amounts to the petitioner, if any, already recovered from its bills. There shall be no order as to costs. _____________ C.V.RAMULU, J Date: 26.12.2008 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.28279 of 2008 26.12.2008