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2003 Supreme(AP) 583

V.V.S.RAO
Bhagyanagar Contractors Welfare Association Regd. – Appellant
Versus
Managing Director M. W. S. and Sewerage Board – Respondent


V. V. S. RAO, J.

( 1 ) THE Bhagyanagar Contractors Welfare Association is the petitioner in this writ petition. The petitioner association is espousing the cause of the contractors who undertake works for Hyderabad Metro Water Board and Sewerage Board ( water board for brevity ). It seeks a writ of Mandamus declaring the action of the respondents including the Managing Director of the Board and various General Managers in Hyderabad in charging and collecting a percentage of the bills submitted by the Contractors towards Rock Recovery. They allege that such recovery is not governed by the terms of contract or the Rules in the A. P. Detailed Standard Specifications. They contend that the action of the respondents 1 to 11 is arbitrary and violative of Article 14 of the Constitution of India. The affidavit accompanying the writ petition is sworn to by the President of the association. In paragraph 3 of the affidavit the grievance is explained thus: The process of excavating the soil and the rock is done by benching and chiseling and the excavating waste either rock or sand as the case maybe shall become the property of the Government as envisaged in the agreement of the members. In ce










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