IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 23390 of 2008 Between: M/s. IVRCL-SEW & PRASAD (JV) having its registered Office at M-22/3RT, Vijayanagar Colony, Hyderabad Rep. by its authorized Signatory K.K. Sastry ..... PETITIONER AND 1 Government of Andhra Pradesh Rep. by its Principal Secretary Transport Roads & Buildings Departmetn, Secretariat Buildings, Hyderabad. 2 Government of Andhra Pradesh Rep. bys its Principal Secretary, Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad. 3 The Chief Engineer (Irrigation) Camp Office, Projects- Mahabubnagar, III rd Floor, Jala Soudha, Erramanzil, Hyderabad. 4 Superintending Engineer, I & CADD MGJLIP Circle, Mahabubnagar 5 Executive Engineer I & CADD, JLIP Division No.1, Mahabubnagar, Mahabubnagar District. 6 The Pay and Accouns Officer, (Works & Projects) Kamala Nagar, Bayyamma Thota, Mahabubnagar. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of "Writ of Mandamus" declaring the action of the respondents in withholding and deducting 0.25% of the gross bill amounts payable to the petitioner by referring to G.O.Ms.No. 98(I & CAD) dt. 5-7-2000 G.Ol.Ms.No. 61, TR & B Department dt. 11-4-2000 and G.O.,Ms.No. 159 TR &B Department dt. 30-10-2004 as illegal, arbitrary and unconstitutional and set aside the said G.Os as illegal and unconstitutional, and consequently direct the respondents to refund all the amounts illegally deducted from the bill amounts of the petitioner and forbear the respondents from making any deductions in future from out of the amounts payable to the petitioner for the work carried on by the petitioner. Counsel for the Petitioner:MR.S.NIRANJAN REDDY Counsel for the Respondent No.1: GP FOR ROADS & BUILDINGS, Counsel for the Respondent Nos.2 to 5: GP FOR IRRIGATION Counsel for the Respondent No.6: GP FOR FINANCE. The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.23390 of 2008 ORDER: This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in withholding 0.25% of the gross bill amounts payable to the petitioner by referring to G.O.Ms.No.98, I & CAD, dated 05.07.2000, G.O.Ms.No.61, TR & B Department, dated 11.04.2000, and G.O.Ms.No.159, TR & B Department, dated 30.10.2004, as illegal, arbitrary and unconstitutional. At the hearing, Sri S. Niranjan Reddy, learned counsel for the petitioner, submitted and it is conceded by the learned Assistant Government Pleader for Roads & Buildings that the issue raised in this writ petition, namely, validity of the proposed deduction for the purpose of the National Academy of Construction, is no longer res integra in view of a spate of orders passed by this Court in a number of writ petitions, some of which are order, dated 19.07.2005 in Writ Petition No.23750 of 2000 and batch and order dated 18.03.2008 in Writ Petition No.1631 of 2008. Following the same, other similar writ petitions were also disposed of. Therefore, following the settled legal position, this writ petition is also allowed and the respondents are directed to refund the amount to the petitioner already deducted and not to recover any amount towards the National Academy of Construction and towards the CM’s Relief Fund, in pursuance of the impugned G.Os, from the future bills payable to the petitioner. ______________ N.V.RAMANA,J 03.11.2008 ksr / v v