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 : 23278 of 2008 Between: M/s S Shivraj Reddy Constructions, 3-6-69/B/13(New No.92), Avanthi Nagar Colony, Bhasheerbagh, Hyderabad Rep by its Managing Partner, S.Giri Prasad Reddy, ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Principal Secretary, Finance & Planning (Works and Project ) Department, at Secretariat, Hyderabad. 2 The Superintending Engineer (R&B) Rural circle, at Balkampet, Hyderabad. 3 The Executive Engineer (R&B) City Roads Division at Masab Tank,Hyderabad. 4 The Executive Engineer (R&B) Roads Division at Goshamahal, Hyderabad. 5 The Pay and Accounts Officer, Ranga Reddy District, Neqr Gandhi Bhavan At nampally, Hyderabad. 6 The Commercial Tax officer, Hyderguda, 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 14.03.2007 issued by the ﬁrst respondent, as illegal, arbitrary and contrary to the provisions of A P VAT ACT and rules made thereunder 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 % amont on the total value of works, to the petitioners; 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 : 23278 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: C.C. in two days (BO) Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No:23278 OF 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 24/10/2008