IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 7294 of 2008 Between: M/s. B.V.S.R. Constructions Private Limited, H.No. 5-8-51/1, Fathe Sultan Lane, Nampally, Hyderabad, Rep. by its M.D. B. Srinivasulu Reddy, S/o. Venkat Reddy aged about 51 Years. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by Principal Secretary to Government, Irrigation & CAD Department, Secretariat Building, Hyderabad. 2 The Secretary to Government, Finance and Planning, (Works & Project) Department, Secretariat Building, Hyderabad. 3 The Superintending Engineer, I & CAD Medium Irrigation Project Circle, Bellampalli, Adilabad District. 4 The Executive Engineer, I.B. Division, Mancherial, Adilabad District. 5 The Pay and Accounts Officer, Nirmal, Adilabad District. .....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 pass an appropriate Writ, order or directions more particularly one in the nature of "Writ of Mandamus" to declare the impugned Memo No. DFA.4763/PFS-F.8(A1)07-1 dt. 04-02-2008 issued by the Finance & Planning (W&P) Department Govt. of A.P. as illegal, arbitrary and without jurisdiction and in violation of Section 4,5 and 10 of the Building and Other construction Worker's Welfare Cess Act, 1996 and consequently direct the respondents not to recover the Cess from the bills of the Petitioner and refund the amounts so far recovered under agreement No. L.S. A.B. 9/2006-2007 Dated 15-6-2006 and pass such other appropriate orders. Counsel for the Petitioner :MR.P.MALLAIAH Counsel for the Respondents: GP FOR FINANCE & PLANNING The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No.7294 of 2004 ORDER: There is a persistent non appearance on behalf of the writ petitioner. On 21-04-2008 this Court directed the writ petition be posted for dismissal to 29-04-2008. When the matter is called today yet again there is no representation on behalf of the petitioner. Accordingly, the writ petition is dismissed for default. No costs. _____________________ GODA RAGHURAM, J. Dated: 29-04-2008. Rns. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government, State of Andhra Pradesh, Irrigation & CAD Department, Secretariat Building, Hyderabad. 2 The Secretary to Government, Finance and Planning, (Works & Project) Department, Secretariat Building, Hyderabad. 3 The Superintending Engineer, I & CAD Medium Irrigation Project Circle, Bellampalli, Adilabad District. 4 The Executive Engineer, I.B. Division, Mancherial, Adilabad District. 5 The Pay and Accounts Officer, Nirmal, Adilabad District. 6 2CCs 7 2CD copies