IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 11707 OF 2010 Between: M/s. IHP-FPL (JV), Rep. By its Authorised Signatory Sri R.V. Ramanaiah, R/o:Flat No. 502C, 5th Floor, Lingapur House, Amrutha Estates, Himayath Nagar, Hyderabad. ..... PETITIONER AND The Govt. of A.P., Rep.by its Principal Secretary, Finance & Planning Department, Secretariat, Hyderabad and others .....RESPONDENTS The Court made the following : ORAL ORDER: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Heard both sides. At their request, the writ petition itself is taken up for disposal at the stage of admission. At the time of hearing, the learned counsel on either side submitted that the issue raised in this writ petition is squarely covered by the Judgment of a Division Bench of this Court in W.P. No.484 of 2008 dated 18.01.2008. However, the learned Special Government Pleader for Commercial Tax submitted that though the petitioner states that it has paid 4% tax on the entire work done, it has to be ascertained while processing the final bill. Following the ratio laid down in the above referred Judgment, the Writ Petition is, accordingly, allowed with a direction to the respondents not to remit any further amount in respect of deductions already made pursuant to the memo, dated 14.03.2007 of the first respondent, while processing the final bill, however, subject to the payment of 4% which is stated to have been made by the petitioner. It is needless to mention that, as agreed by the counsel on either side, the balance of 1.2% has to be added by the respondents in the bills. No order as to costs. ____________________ Justice T.Meena Kumari __________________________ Justice Nooty Ramamohana Rao June 7, 2010 MAS