THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE C.Y. SOMAYAJULU WRIT PETITION No.6697 OF 2008 (On being mentioned) ORDER: (Per Hon’ble Sri Justice B. Prakash Rao) Heard both sides. Having regard to the fact that the question involved in the writ petition is different from the one which has been drafted on 31.03.2008, and since this Court passed appropriate orders in similar writ petition, being W.P.No.6938 of 2008, on 01.04.2008, the order, dated 31.03.2008, is set aside and in its place, the following order shall stand replaced: “Heard both sides and, at their request, the writ petition is taken up for disposal at the stage of admission. At the time of hearing, it is submitted by the learned counsel on either side that the issue raised in this writ petition is squarely covered by the Judgment of the Division Bench of this Court passed in W.P.No.484 of 2008, dated 18.01.2008. However, the learned Special Government Pleader for Commercial Taxes submitted that though the petitioner states that he has paid 4% tax on the entire work done, it has to be ascertained while processing the final bill. Following the ratio laid down in the above referred judgment, the writ petition is, accordingly, allowed, with a direction to respondent Nos.2 to 4 not to remit any further amount to the 5th respondent in respect of deductions already made pursuant to the memo dated 14.03.2007 of the 1st respondent, while processing the final bill, however, subject to the payment of 4% which is stated to have been made by the petitioner. It is needless to mention that, as agreed by the counsel on either side, the balance of 2.6% has to be added by the respondents 2 to 4 in the final bill.” ______________________ JUSTICE B.PRAKASH RAO _____________________ JUSTICE C.Y. SOMAYAJULU 19th April, 2008. Note:- Issue CC in four days. BO IBL