1 APHC010248722016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28422/2016 Between: Md.shariff, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR GENERAL ADMINISTRATION (AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28422 of 2016 ORDER: The present Writ Petition is filed questioning the action of the respondents 2 and 3 in deducting the sand charges from the petitioner’s bill as illegal and arbitrary. 2. The facts reading for filing of the present Writ Petition are as follows: The petitioner is a private contractor and entered into a contract for providing C.C. Patch from Telugu Talli Statute to Lakshmi Narasimha Kalyanamandapam in ward No.2 of Kurnool Town, awarded by respondent No.2 vide order dated 28.10.2015 to the petitioner. The petitioner accepted the same and entered into an agreement with the respondent/corporation in the year 2015. While so, pursuant to the agreement the work value was issued for a sum of Rs.8,68,650/- and the petitioner completed the work as agreed. Thereafter, on 06.04.2016, G.O.Ms.No.43 was issued by Industries and Commerce (M.II) Department, wherein it was mentioned that the sand policy was modified and pursuant to the same the respondent authorities sought for recovery of sand initial cost charges as per the above referred G.O. for the works which are tendered and which will be executed on or after 06.04.2016. 3. Learned counsel for the petitioner submits that the circular dated 26.05.2016 referred is self-explanatory and the same applies for recovery of sand initial cost charges for works which are executed on or after 06.04.2016 and therefore the action of the respondents in proposing to deduct the said charges from the contractual amount to the petitioner is un-sustainable. 4. No counter affidavit has been filed by the respondent authorities. 5. Considering the submissions made by the learned counsel for the petitioner, this Court is of the opinion that the circular is applicable for works which are executed on or after 06.04.2016 and as the contract in favour of the 3 petitioner was executed in the year 2015, much prior to the date of circular, no deductions towards sand could be sustained. Therefore, the respondent authorities are directed to pay the bills which were due to the petitioner without deducting the sand charges. 6. Accordingly, the Writ Petition is allowed. No order as to Costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. __________________ NYAPATHY VIJAY,J Date: 19.06.2025 ASR 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28422 of 2016 Dt.19-06-2025 ASR