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 GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.15720 of 1997 Between: M/s. Bharathi Constructions Company, Rep. Managing Partner- N.Ramachandra Reddy. H.No.1-4-94, Kurardi Road, Mahabubabad, Warangal. ..... PETITIONER AND 1 The Engineer in Chief, (R&B), Errum Manzil, Hyderabad. 2 The Executive Engineer, (R&B), Mahabubabad, Warangal. 3 The Executive Engineer (R&B), Khammam. 4 The Executive Engineer (R&B), Eluru, West Godavari. 5 The Executive Engineer (R&B), Mylavaram. 6 The Executive Engineer (R&B), Kothagudem, Khammam. .....RESPONDENT(S) 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 a writ, order or direction more in the nature of Mandamus directing the respondents to deduct sales Tax at source on 70% of gross amount of the bills of the Firm at flat rate of 1% in case of Raod works and 3% in case of Bridge works in accordance with G.O.Ms.No.788, Rev., dated 21/09/1996 for the date of the G.O. i.e., 21/09/1996 readwith Circular Memo No.15525/TA 1/RE(1)/88, dated 27/05/1997 issued by the 1st respondent with all consequential benefits such as refund of the excess Sales Tax recovered from the firm etc., by holding the action of the respondents in deducting the Sales Tax at source at 3% to 4% of the bills of the petitioner firm without reference to the orders issued by the Govt., in G.O.Ms.No.788, Rev., dated 21/09/1996 is an illegal, arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution and pass Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: SPL GP FOR TAXES The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.15720 of 1997 ORDER: (per the Hon’ble Sri Justice Goda Raghuram) It is represented by Sri D.Linga Rao, learned counsel for the petitioner that the grievance in the writ petition does not survive for adjudication. Recording the said submission, the writ petition is dismissed as infructuous. Interim order dated 24-07-1997 stands dissolved. There shall be no order as to costs. ____________________ GODA RAGHURAM, J __________________ SANJAY KUMAR, J Date: 26-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JCS}