IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4092 of 2009 Between: MD.AZEEZ, S/O. Khasim Saheb, R/o. Bank Colony, Wyra(V), Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal SEcretary, Transport, roads and Buildings, Secretariat, Hyderabad 2 The Pay and Accounts Officer, Khammam,Khammam District. 3 The Pay and Accounts Officer, Nalgonda, Nalgonda District. 4 The Pay and Accounts Officer, Nagarjuna Sagar, Nalgonda District. 5 The Pay and Accounts Officer, Vijayawada, Krishna District. 6 the Superintending Engineer,(R&B) Khammam,Khammam District. 7 the Superintending Engineer,(P.R) Khammam,Khammam District. 8 the Executive Engineer (R&B), Khammam,Khammam District. 9 the Executive Engineer (R&B), Kothagudem,Khammam District. 10 the Executive Engineer (R&B), Bhadrachalam,Khammam District. 11 the Executive Engineer(P.R) Khammam,Khammam District. 12 the Executive Engineer(P.R) Kothagudem,Khammam District. 13 the Executive Engineer (P.R) Bhadrachalam,Khammam District. 14 the Executive Engineer(P.R) Khammam,Khammam District. 15 the Superintending Engineer,(P.R) Nalgonda, Nalgonda District. 16 The Executive engineer (R&B) Nalgonda, Nalgonda District. 17 The Executive engineer (P.R) Nalgonda, Nalgonda District. 18 The Executive engineer (P.R) Hyderabad, Hyderabad District. 19 The Executive engineer (P.R) Miryalaguda,Nalgonda District. 20 The Executive Engineer S.C.Co.Op.Society Ltd., Machilipatnam, Krishna District. 21 the Superintending Engineer,(R&B) Vijayawada, Krishna District. 22 The Chief Engineer, Tribal Welfare, Hyderabad. 23 the Superintending Engineer Tribal Welfare, Warangal. 24 the Superintending Engineer N.H.Circle, Hyderabad. 25 The Chief Engineer,(P.R.) NABARD, Hyderabad. 26 The Engineer-in-Chief(P.R.) (PMGSY), Hyderabad. 27 The Engineer-in-Chief ( R & B) N.H.Roads, Hyderabad. 28 The Engineer-in-Chief, Roads, Hyerabad. 29 The Chief Engineer, HUDCO., Hyderabad. .....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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in with holding and deducting 0.25% of the gross bill amounts payable to the petitioner by referring to G.O.Ms.No.39 TR&B Department Dated 11.04.2000 and G.O.Ms.No.159 TR&B Department dated 30.10.2004, 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.P.VENKATA RAO Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS GP for Finance and Planning GP for Social Welfare GP for Panchayat Raj The Court made the following : ORDER: This writ petition is filed by the petitioner assailing the action of the respondents in withholding and deducting 0.25% from the gross bill amounts by referring to G.O.Ms.No.39 MA&UD department dated 3.2.1999, G.O.Ms.No.61 TR&B Department dated 11.4.2000 and G.O.Ms.No.159 TR&B Department dated 30.10.2004. The learned counsel appearing for the petitioner and the learned Government Pleader for Roads and Buildings appearing for respondents 1 to 4 submitted that the issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No.23750 of 2000 and batch dated 19.7.2005 and order dated 18.3.2008 in W.P.No.1631 of 2008. Following the settled legal position, this writ petition is also allowed and the respondents are directed to refund the amount to the petitioner, if any, already deducted and not to recover any amount towards the National Academy of Construction and towards CM’s relief fund in pursuance of the impugned G.Os from the future bills payable to the petitioner. N.V.RAMANA,J DT.2.3.2009 msv