IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24228 of 2008 Between: M/. NCC-SMC-IVRCL(JV), having its registered office at H.No. 8-2- 350/5/24/1B, Road No.2, Banjara Hills, Hyderabad - 500 034. Rep. by its authorized signatory K.K. Sastry. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Transport, Roads & Buildings Department, Secretariat Buildings, Hyderabad. 2 Director Projects HMWSSB, Mytri Vihar, Ameerpet, Hyderabad. 3 Chief General Manager, Project Construction Circle-III, Sanjeev Reddy Nagar, Hyderabad. 4 General Manager, Project Division-III, D.D. Colony, Hyderabad. 5 Director Finance, HMWSSB, Mytri Vihar, Ameerpet, 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, order or direction, one more particularly in the nature of a "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.98 (I&CAD) dated 5-7-2000, G.O.Ms.No.61 TR&B Department dated 11.4.2000 and G.O.Ms.No.159 TR&B Depa6rtment 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 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 and pass such other order or orders. 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, the learned Government Pleaders for Roads and Buildings and at their request the writ petition is taken up for final disposal at the admission stage itself. The learned counsel for the petitioner submitted that the subject- matter of the writ petitions is squarely covered by the orders, passed by this Court in W.P. No. 23750 of 2000 and batch, dated 19.07.2005 and W.P. No. 21120 and batch, dated 26.08.2008. The learned Government Pleader for Roads and Buildings, while conceding that the subject matter of the writ petitions is covered by the above said orders of this Court, submitted that as against the order dated 19.7.2005, passed by this Court in W.P. No. 23750 of 2000 and batch, they preferred writ appeal, but no interim orders are passed therein by the Division Bench of this Court. Since the issue raised in this batch of writ petitions is squarely covered by the orders passed in W.P. No. 23750 of 2000 and batch dated 19.07.2005 and W.P. No. 21120 of 2008 and batch, dated 26.8.2008, and the said orders having not been stayed by the Division Bench even though writ appeal is said to have been filed questioning the order dated 19.07.2005, I deem it appropriate to dispose of this writ petition also by and in terms of the said orders of this Court. Hence, following the orders passed in W.P. No. 23750 of 2000 and batch dated 19.07.2005 and W.P. No. 21120 of 2008 and batch, dated 26.8.2008, and for the reasons mentioned therein, this writ petition is allowed. The respondents are directed to refund 0.25% of the amount, if any recovered, from the bills payable to the petitioners, and they are further directed not to recover any amount from the future bills payable to them. No costs. ______________ N.V.RAMANA, J 13th November, 2008 msv