IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 22820 of 2008 Between: Md.Abdul Bari S/o.Md.Abdul Rasheed R/o.Tolichowki,Hyderabad ..... PETITIONER AND 1 Government of Andhra Pradesh, rep.by its Principal Secretary , Finance & Planning,(Works & Projects) Department, Secretariat, Hyderabad 2 The Superintending Engineer, R&B Rural Circle at Balkampet,Hyderabad 3 The Executive Engineer, R&B, Roads Division at Goshamahal, Hyderabad 4 The Commercial Tax officer, at Gagan vihar Nampally, Hyderabad 5 The Pay & Accounts officer, Ranga Reddy District at Nampally, 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 issue a writ in the nature of writ of mandamus or any other appropriate writ or writs order or direction declaring the Memo No.602/F8(1)/2006 dated 14.3.2007 issued by the ﬁrst respondent as illegal, arbitrary, and contrary to the provisions of AP VAT ACT and Rules, made there under and to consequently hold that petitioner is entitled for addition of 4% on the entire value of work done and deduction of 4% towards VAT at the time of payment of each bill in terms of provisions of G.O.Ms.No.11 dated 29.7.2005 G.O.Rt.No.141 dated 27.7.2006 and under section 22(3) of AP VAT Act by directing the respondents to pay the diﬀerence of 2.6% amount on the total value of works to the petitioner Award costs. Counsel for the Petitioner: SRI.K.RAGHUVEER REDDY Counsel for the Respondents.: GP FOR FINANCE & PLANNING, SPECIAL STANDING COUNSEL FOR COMMERCIAL TAX, GP FOR ROADS & BUILDINGS. The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 22820 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) When this matter is taken up for hearing, it is brought to the notice of this Court by the learned Counsel for the petitioner that this matter is squarely covered by the order of this Court in W.P.No.15854 of 2008, dated 14.8.2008. Recording the above submission, this writ petition is allowed in terms of the order in W.P.No.15854 of 2008, dated 14.8.2008. ________________________ Justice T. Meena Kumari ___________________________ Justice Ramesh Ranganathan Date: 24th October, 2008 Nn/gurc. Note: CC in Two days (BO) Nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:22820 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 24/10/2008