IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT PETITION NO : 16335 of 1997 Between: V.Narayana S/o.V.Ramanna, Aged: 61 years, Occ:Managing Partner, M/s. Sri Rama Engineering Constructions, 203, NILGIRI, Aditya Enclave, Ameerpet, Hyderabad. ..... PETITIONER AND 1. The Executive Engineer, SRBC Divn.No.324, Koilkuntla, Kurnool District. 2. The Asst.Pay & Accounts Officer, Srisailam Right Branch Canal, Nandyal. 3. The Superintendent Engineer, Srisailam Right Branch Canal, Circle No.3, Nandyal. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more in the nature of mandamus directing the respondent No.1 to deduct tax at source at the rate of 1% only on the material component involved in Agreement No.1/ICB/91-92 dated 8-5-91 entered into between the petitioner and the Superintendent Engineer, Srisailam Right Branch Canal, Circle No.3, Nandyal and not to deduct tax at source on items relating to excavation of earth involved in Agreement No.1/ICB/91-92 dated 8-5-91 after declaring the proceedings of the Executive Engineer in his Lr.No.EE/SRBC Divn./3-4/KKL/299(H)/97 dated 4-7-97 as illegal and void. Counsel for the Petitioner : MR.M.R.K.CHOWDARY (Not present). Counsel for the Respondent No.: GP FOR COMMERCIAL TAXES The Court made the following : ORDER : (per Sri Bilal Nazki, J) Nobody appeared for the Writ Petitioner when the matter was called. Hence, the Writ Petition is dismissed for non-appearance and non-prosecution. No costs. ________________ (BILAL NAZKI, J) 23rd September, 2004. ____________________ (S.ANANDA REDDY, J) ajr To 1. The Executive Engineer, SRBC Divn.No.324, Koilkuntla, Kurnool District. 2. The Asst.Pay & Accounts Officer, Srisailam Right Branch Canal, Nandyal. 3. The Superintendent Engineer, Srisailam Right Branch Canal, Circle No.3, Nandyal. 4 Two C.Cs. to the G.P. for Commercial Taxes, High Court Buildings, Hyderabad (O.U.T). 5 Two C.D. copies.