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 MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23235 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 Govt. of Andhra Pradesh, Rep by its Principal Secretary Transport, Roads & Buildings Department, Secretariat Buildings, Hyderabad. 2 Government of Andhra Pradesh, Rep. by its Principal Secretary Irrigation Command Area Development Department, Secretariat Buildings, Hyderabad. 3 Chief Engineer (Irrigation) Camp Office Projects - Mahabubnagar, IIIrd Floor, Jala Soudha, Erramanzil, Hyderabad. 4 Superintending Engineer, I & CADD MGJLIP Circle, Mahabubnagar 509 001. 5 Executive Engineer, I & CADD MGKLIS Division No.2, Nagarkurnool, Mahabubnagar district. 6 Pay & Accounts 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 will be pleased to issue a Writ, Order or direction, one more particularly in the nature of a "Writ of Mandamus" declaring the action of the respondents in withholding and deducting o.25% of the gross bill amounts payable to the petitioner by referring to G.O.Ms.No. 98 (I & CAD) dated 5-7-2000, G.O.Ms.No. 61 RT&B Department dated 11-4-2000 and G.O.Ms. No. 159 TR&B Department dated 30-10- 2004 as illegal, arbitrary and unconstitutional and set aside the said 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.: GP FOR ROADS & BUILDINGS GP for Finance & Planning GP for Irrigation. The Court made the following : Order: This writ petition is ﬁled seeking the following substantive prayer. “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.O 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 payble to the petitioner for the work carried on by the petitioner.” Heard the learned counsel for the petitioner and the learned Government Pleaders for Roads and Buildings, Finance and Planning and Irrigation, and at their request the writ petition is taken up for ﬁnal disposal at the admission stage itself. It is submitted by all the learned counsel that the subject matter of this writ petition is covered by the judgment of this Court in W.P.No.23750 of 2001 and batch dated 19.7.2005, wherein this Court quashed G.O.Ms.No.92 dated 19.5.1998, which pertains to Transport, Roads and Buildings (B.I) Department, basing on which G.O.Ms.No.98 I &CAD Department Dated 5.7.2000 and G.O.Ms.No.159 TR & B Department dated 30.13.2004 deducting an amount of 0.25% of the gross bill amounts payable to the petitioner have been made by the respondents, which are impugned in this writ petition. Since the issue raised in this writ petition is squarely covered by the above judgment quashing G.O.Ms.No.92 dated 19.5.1998 basing on which the impugned Government Orders are issued, this writ petition is also disposed of in terms thereof and the respondents are directed to refund the amounts to the petitioner, if any, already recovered from its bills. No order as to costs. N.V.RAMANA,J DT.24.10.2008 msv