IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3098 of 2009 Between: M/s G.Venkata Reddy & Co, Rep by Managing Partner M.S.Phani Kumar, S/o. Varaha Giri Reddy, aged 38, Office at H.No.8-2- 348/2, COCBuilding, Road No.3, Beside Administrative Staff College, Banjara Hills, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh rep by its Principal Secretary Irrgation & Command Area Development Department, Secretariat Buildings, Hyderabad. 2 Superintending Engineer, SRSP Stage-II circle, K.C.Camp, Chintagattu, Warangal 3 Executive Engineer, SRSP Stage-II, Division No.1,K.C. Camp, Chintagattu, Warangal. 4 Assistant Pay and Accounts Officer, Irrigation Wing, K.C.Camp, Chintagattu, Warangal. 5 Government of Andhra Pradesh, Rep by its Principal Secretary, Transport Roads and Buildings Department, Secretariat Buildings, 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 to issue a Writ, order or direction, more particularly one 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 in relating to the work 'Earth work Excavation and forming Embankment of DBM-57 Main from Km 0.00 to Km 11.525 with its minors & sub-minors including construction of structures, Vide Agreement No.L.S.A.B. No.3/04-05 dated 8-04-05" by referring to G.O.Ms.No.92 T R & B (B-1) Dated 19-5-1998, 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 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 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 Counsel for the Petitioner:MR.KODURURAMA CHANDRA REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 3098 of 2009 Oral order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Roads and Buildings. It is agreed by both the 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 19.07.2005, wherein this Court quashed G.O. Ms. No. 92, dated 19.05.1998, which pertains to Transport, Roads and Buildings (B.1) Department. Since the issue raised in this writ petition is squarely covered by the above-mentioned judgment, this writ petition is also disposed of in terms thereof. The 4th respondent is directed to refund the amounts to the petitioner, if any, already recovered from its bills. No order as to costs. ________________ N.V. RAMANA, J. Date: 3rd March, 2009 KSR