IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 24738 of 2008 Between: Srinivasa Construction Pvt. ltd. Rep. by its Managing Director, Mr. D. Chandra Sekhar Reddy, Having its Registered Office at D.No. 17 / 134, Kapu Street, Jammalamadugu, Kadapa District. ..... PETITIONER AND 1Government of Andhra Pradesh Rep. by its Principal Secretary, Secretariat, Hyderabad. 2Engineer - in - Chief R & B Hyderabad. 3The Superintending Engineer GNSS Circle Kadapa. 4The Executive Engineer R & B Division Kadapa. 5The Commercial Tax Officer No.I Kadapa. 6The Commercial Tax Officer No.II Kadapa. 7The Pay & Accounts Officer Kadapa. 8The Regional Officer Department of Transport & Shipping Errum Manzil, Hyderabad. 9The Executive Engineer R & B Proddatur, Kadapa Dist. .....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, more particularly one in the nature of writ of mandamus or any other appropriate writ or writs, order or direction 1. Declaring the Memo No. 602 /F8 (1) / 2006 dated 14-03-2007 issued by the 1st respondent as illegal, arbitrary, invalid and contrary to the provisions of the A.P. Value Added Tax Act, rules made there under, G.O.Ms.No.11 dated 29-07-2005 and G.O.Ms. No. 141 dated 27-07-2006, 2. Declaring the action of the respondents in adding only 1.4% to the estimated cost work and deducting 4% towards Vat at the time of payment of each bill in respect of works as illegal, arbitrary and contrary to the provisions of the A.P. Value Added Tax Act, rules made there under, G.O.Ms.No.11 dated 29- 07-2005 and G.O.Ms.No. 141 dated 27-07-2006. 3. Directing the respondents to pay the diﬀerence amount of 2.6% on the total value of the works, to the petitioner and Award costs and pass such other or further orders, as are deemed ﬁt and proper in the circumstance of the case. 4. Award Costs. Counsel for the Petitioner:MR.C.SUMON Counsel for the Respondent No.: GP FOR FINANCE & PLANNING The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO :24738 of 2008 ORDER: ( Per the Honourable Smt. Justice T. Meena Kumari) When the matter was taken up for hearing, both the Counsel submitted that this matter is squarely covered by an unreported judgment of this Court in W.P.No:15843 of 2008, dated 4.8.2008. Recording the above submission, the writ petition is allowed in terms of the judgment passed in W.P.No:15843 of 2008, dated 4.8.2008. _______________________ Justice T.Meenakumari ______________________________ Justice R.Ramesh Ranganathan Dated: 12.11.2008 Nn/gurc THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 24738 of 2008 (Order delivered by the Honourable Smt. Justice T. Meena Kumari) 12.11.2008