IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.1278 of 2009 Between: Hindustan Engineers Syndicate, Presently named as HES Infra Private Limited, Plot No. 39, Street No.7, Road No.14, B.N. Reddy Colony, Banjara Hills, Hyderabad, Rep. by its Chairman, M. Kesava Raju, S/o. Krishnam Raju ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Transport, Roads & Building Department, Secretariat Buildings, Hyderabad. 2 The Chief Engineer, R&B, Hyderbad. 3 The Superintending Engineer (R&B), Eluru, West Godavari District. 4 The Executive Engineer (R&B), Kovvur, West Godavari District. 5 The Pay and Accounts Officer (Drainage Scheme), Eluru, West Godavari 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 issue a Writ, order or direction more particularly one in the nature 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.39 MA&UD Department dated 03-02-1999, 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 and set aside the said G.Os. as illegal and unconstitutional and consequently direct the respondents to refund all the amount 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 and pass Counsel for the Petitioner: MR.P.VENKATA RAO Counsel for the Respondent Nos.1 to 4: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING The Court made the following : ORDER: This writ petition is filed by the Hindustan Engineers Syndicate 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 03.02.1999, 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. 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 19.07.2005 and order dated 18.03.2008 in W.P.No.1631 of 2008. Therefore, 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. ________________________ B.SESHASAYANA REDDY, J Date: 29.01.2009 Note: Furnish CC within a week B/o. va