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 SRI JUSTICE N.V. RAMANA WRIT PETITION No.4280 of 2009 Between: Chidipothu Venkta Suresh Babu S/o.Gandhi R/o.17-1-71, Simhadri Nagar,Kandukur, Prakasam District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Principal Secretary, Transport, Roads & Buildings, Secretariat, Hyderabad 2 The Pay and Accounts Officer, Ongole, Prakasam District 3 The Superintending Engineer (P.R) Guntur, Guntur District 4 The Executive Engineer, (PR), Ongole Prakasam District .....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 particularly one in the nature of 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.39 MA&UD Department dated 3.2.1999, G.O.Ms.No.61 TR&B Department dated 11.4.2000 and G.Ms.No159 TRB Department dated 30.10.2004, as illegal, arbitrary, 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. Counsel for the Petitioner: MR.P.VENKATA RAO Counsel for the Respondents: GP FOR ROADS & BUILDINGS GP FOR FINANCE & PLANNING GP FOR PANCHAYAT RAJ The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.4280 OF 2009 ORDER: Heard the learned counsel for the petitioner and the learned 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 2000 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.I) Department. Since the issue raised in this writ petition is squarely covered by the aforesaid judgment, this writ petition is also disposed of in terms thereof. The respondents are directed to refund the amounts to the petitioner, if any, already recovered from his bills. There shall be no order as to costs. _________________ JUSTICE N.V. RAMANA 3rd March, 2009 IBL